40th Annual PUBLIC DEFENDER EDUCATION CONFERENCE · 2015-12-03 · 3 40th Annual Public Defender...

40th AnnualPUBLIC DEFENDER

EDUCATION CONFERENCEJUNE 17-19, 2013

The Seelbach Hilton Louisville

Kentucky Department of Public Advocacy'sKentucky Public Defender College Presents

1

40th Annual Public Defender Education Conference

General Conference Information..............................................................................................................................................................1CLE for Kentucky.......................................................................................................................................................................................1Conference Schedule................................................................................................................................................................................2Ethics Sessions..........................................................................................................................................................................................5Recommendations by Job Type and Topic Areas......................................................................................................................................6Presentation Summary.............................................................................................................................................................................7Faculty Contact Information...................................................................................................................................................................20Faculty Bios.............................................................................................................................................................................................23Kentucky Lawyer Assistance Program (KYLAP) Information...................................................................................................................31

Table of Contents

General Conference InformationS�� P��: The Seelbach Marriott is a non-smoking hotel. There are smoking locations outside the building.

F��: If you are bringing your family, they are welcome to drop in on any or all of the Conference programs if they’re interested. Ifyou have small children who would disrupt any of the learning, we ask that you not bring them to any Conference program.

E��: Please evaluate each session you attend. You can do the evaluations on your computer/pad/smartphone attinyurl.com/dpa-eval (see info box on page 6). Hardcopy evaluation forms will be also available if requested. We need your evaluativethoughts.

S�� G��: A Public Service Recognition Lunch will be Tuesday at Noon, in the Seelbach Medallion Rooms. During lunch willbe presentations of Professionalism and Excellence, In Re Gault, Rosa Parks, Furman, Anthony Lewis Media, Gideon, National InnocenceProject, and the Public Advocate recognitions; with remarks by W. Douglas Myers, KBA President, and the keynote address by AmyBach, author of Ordinary Injustice. Your family is welcome. If your family would like to eat this meal, please pay at the DPA RegistrationDesk.

CLE C��: There are a total of 10.25 KBA CLE credits available, including up to 6.5 hours of KBA CLE Ethics credits offered throughoutthe Conference to choose from. You can receive your CLE form or an Investigator form at the CLE table. Please fill out the form andreturn to the CLE table before the close of the Conference. You need to know your Bar Number. If you do not know your number, askat the DPA Registration Desk and they can give it to you. There will also be out-of-state CLE information available at the RegistrationDesk for Tennessee, Indiana, and Ohio. If you need credit from another state, you will need to mail your program and the KBA letterto that state. The KBA letter is at the CLE table. All CLE forms are due to Lisa Blevins 25 days after the conference. If your CLE form isnot given to KBA by July 30, the only way they will accept it is if it is accompanied by $10.00. Conference attendees are responsiblefor that $10.00. See SCR 3.665(5)(e).

KBA C��: Please note: You will pick up your KBA name badge on Wednesday morning at DPA'S Reistration Table, 8am-11am.Wednesday, June 19, the 350 DPA Attorneys registered for KBA will be able to attend KBA's conference from at 10:50 a.m. through5:00 p.m. KBA's convention is held at the Galt House, located at 140 North Fourth St. This will enable you to receive your yearlyrequired amount of CLEs. DPA is paying KBA to enable those DPA attorneys to attend their conference.

Distance Learning: If you need extra CLEs, DPA is offering Distance Learning through June 30, 2013. See our website.

CLE for KentuckySPONSOR: KY DEPT. OF PUBLIC ADVOCACYACTIVITY TITLE: 40�� ANNUAL KY PUBLIC DEFENDER CONFERENCELOCATION: LOUISVILLE, KYDATE: 06/17/2013ACTIVITY #: 139222TOTAL CLE CREDITS: 10.25ETHICS: UP TO 6.5 HOURS

Ethics credits are INCLUDED in the TOTAL number of creditsDPA EMPLOYEES: CLE Hours for those that Attended KBA

You fill out two CLE forms: one for DPA (Mon through Wed) and one at KBA (Wed).

2


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5


Ethics Sessions

3:15 - 4:15 PM Post-Trials Consequence of Winning

Medallion C Tim Arnold, Post Trial Division DirectorCicely Lambert, Assistant Appellate Defender, Louisville-Metro Public Defender's Office

CLE: 1.00CLE: 1.00 Ethics

Objectives: See Presentation Summary Section

3:15 - 4:15 PM Representing Co-Defendants

Medallion D Jay Barrett, Directing Attorney, MoreheadMike Lemke, Chief of the Capital Trial Division, Louisville-Metro Public Defender's Office

CLE: 1.00CLE 1.00 Ethics


9:00 - 10:15 AM Guilty Pleas, Ineffective Assistance of Post Conviction

Mezzanine C/DGlenda Edwards, Trial Division DirectorMelanie Foote Hollingsworth, Attorney, Elizabethtown OfficeAmy Staples, Post-Conviction Branch Manager



2:13 - 3:15 PM Recent Developments in EthicsMedallion B B. Scott West, General CounselCLE: 1.00CLE: 1.00 Ethics


3:30 - 4:15 PM Identification of High Functioning Impairment

Medallion Justice William Cunningham, Kentucky Supreme CourtYvette Hourigan, Director, Kentucky Lawyer's Assistance Program

CLE: .75CLE: .75 Ethics


Tuesday, June 18, 2013

3:15 - 4:15 PM ChecklistsMedallion A Jeff Adachi, Public Defender, City and County of San FranciscoCLE: 1.00CLE: 1.00 Ethics


Monday, June 17, 2013

4:30 - 5:30 PM Recognizing the Risks of Suicide Among LawyersMezzanine C/D Yvette Hourigan, Director, Kentucky Lawyer's Assistance ProgramCLE: 1.00CLE: 1:00 Ethics

Objectives: See Presentation Summary Sectio

3:15 - 4:15 PM Ethical Dilemmas for Social Workers

Medallion E/FLori James-Townes, Chief of Social Work Services, Maryland Office of Public DefendersGlenda Edwards, Trial Division DirectorRobert Walker, M.S.W., L.C.S.W., UK Center on Drug and Alcohol Research

CLE: 1.00CLE: 1:00 Ethics


6


Recommendations by Job Type and Topic Areas

These are not mandatory tracks but just a listing of sessions that will be relevant to your work.

Investigator� CLEAR� Transcending Race, Class and Culture on Capital Defense

Teams� Beyond DNA Basics: Current Issues in DNA Cases� Theory Formulation and the Role of Scenarios and Timelines� Life on the Streets: Cross of the Lead Homicide Detective� Forensic Firearms Evidence� Safety in the Field� Daubert Challenges To Pattern & Impression Forensic

Science Evidence

Social Worker� Vicarious Trauma for Social Workers� Ethical Dilemmas for Social Workers� Telling the Client’s Story for Social Workers� The New DSM-5� Safety in the Field

Juvenile� New Developments in Juvenile Law Practice� The New DSM-5� Advocates for DPA Clients under 18: The Front Line

Challengers; Committed to Blowing up the School to PrisonPipeline and Breaking Our Addiction for Incarceration

Capital� Fundamentals of Death Penalty Representation in Kentucky� Transcending Race, Class and Culture on Capital Defense

Teams� Hot Issues in Capital Mitigation� The New DSM-5

Appeals and Post Conviction� Raising Federal Claims� Post Trials - Consequences of Winning� Tools Used in Making Parole Board Decisions

Forensics� Forensic Firearms Evidence� Daubert Challenges To Pattern & Impression Forensic

Science Evidence� Beyond DNA Basics: Current Issues in DNA Cases

Immigration and CollateralConsequences� Immigration� Collateral Consequences in Kentucky

Evaluations!You can now evaluate all your sessions online. Go to the following and complete theevaluation for each session you attend. It works on your computer, pad, or smartphone.

tinyurl.com/dpa-eval(We still have paper forms available if requested)

8:30 - 10:00 AM Ordinary Injustice/Collateral Consequences in Kentucky

Medallion

Amy Bach, President and Executive Director, Measures for JusticeEd Monahan, Public AdvocateGlenn McClister, Attorney, Education Branch (Collateral Consequences in Kentucky)Mihaela Beloiu, Shepherdsville Trial Office (Collateral Consequences in Kentucky)

CLE: 1.5CLE: .5 Ethics


Wednesday, June 19, 2013

7


Presentation Summary

Following is a listing of our presentations including Learning Objectives for each session.

1:00 - 1:45 PM Opening - The History and Future of the Right to Counsel:The Public Value of Indigent Defense

Medallion Jeff Adachi, Public Defender, City and County of San FranciscoEd Monahan, Public Advocate

CLE: .75

Objectives: This year marks both the 50th anniversary of the landmark Gideon v. Wainwright and the 40thanniversary of Kentucky's Department of Public Advocacy. Public defenders provide important publicvalue to society. Public defenders insure that the rights guaranteed by our Constitution are protected andinsure that no one's liberty is taken unless and until they are proven guilty. Public defenders lower costlyincarceration rates by advocating for pretrial release and alternate or reduced sentences. Public defendersprevent overcharging and wrongful convictions. In this session, Jeff Adachi explores the progress madetoward implementing the promise of the Gideon decision and the challenges facing us today and in thefuture.

Monday, June 17, 2013

2:00 - 3:00 PM Tying It All Together: How to Give an Effective Closing ArgumentMedallion A Dehlia Umunna, Deputy Director of Harvard Law School's Criminal Justice Institute, Boston, MA

CLE: 1.00

Objectives: A discussion on how to effectively prepare and present a persuasive closing argument.Presentation includes a discussion on the purpose of closing, organization, arguing the law (BRD), arguingthe facts, structure, use of exhibits, etc. The presentation concludes with a demonstration of an actualclosing.

2:00 - 3:00 PM Bayonets in the Trenches: Exposing and Combatting Prosecutorial Misconduct

Medallion B Leo Smith, Deputy Chief Public Defender, Louisville-Metro Public Defender's OfficeJay Lambert, Director of Training and Performance Evaluation, Louisville-Metro Public Defender's Office

CLE: 1.00

Objectives: A review of caselaw, relevant standards and tactical tips on meeting the legal and factualchallenges posed to defense counsel by prosecutorial misconduct. The session will include discussion ofeffective avenues for recognizing and ferreting out misconduct, the applicable judicial standards necessaryfor a finding of misconduct, typical scenarios for when and how it arises and discussion of appropriateremedies available to defense counsel.

2:00 - 3:00 PM Raising Federal Claims

Medallion C Tim Arnold, Post Trial Division DirectorAngela Elleman, Louisville-Metro Public Defender's Office

CLE: 1.00

Objectives:1. The importance of raising federal issues both in trial and on appeal or in post-conviction;2. How to ensure that your federal issue is properly preserved for review on appeal;3. How to ensure that a preserved (or even unpreserved) federal claim can be considered properly

exhausted in state court, to enable litigation in federal court; and4. Cases and authority to cite when litigating common federal claims

8


2:00 - 3:00 PM Resources for Conflict Attorneys

Medallion D Scott West, General CounselGlenda Edwards, Trial Division Director

CLE: 1.00

Objectives: Conflict Attorneys attending this session will learn how to maximize use of the KRS 31.185"special account" for necessary expenses directly related to representing indigents, and, learn aboutinsurance coverages available when facing a suit by an indigent client alleging professional liability. Thenew conflict contracts will also be discussed. This will be followed by a Q&A session where the Trial DivisionDirector and General Counsel will attempt to answer any and all questions about representing indigents.

2:00 - 5:30 PM People in Crisis: An Interactive Program - Understanding Poverty

Mezzanine A/B Peter Anderson, Training and Development, Wisconsin State Public Defender's OfficeGina Pruski, Training Director, Wisconsin State Public Defender's Office

CLE: 3:00

Objectives:1. Appreciate how it might feel to live with limited resources.2. Increase empathy towards those living in poverty.3. Understand the choices people living in poverty sometimes make.4. Consider ways to help other players in the criminal justice system understand the choices peopleliving in poverty sometimes make.

2:00 - 3:00 PM Evidence

Mezzanine C/D

Susan Balliet, Attorney, Appeals BranchEuva May, Attorney, LaGrange Post-ConvictionDavid Neihaus, Deputy Appellate Defender, Louisville-Metro Public Defender's OfficeTeresa Whitaker, Bluegrass Regional Manager

CLE: 1.00

Objectives: Introduction to the 2013 DPA Evidence Manual, including: new developments in Kentuckyevidence law over the past five years, Including developments in penalty phase evidence, relevance insevered handgun proceedings, confessions, witness competency, new cases on habit evidence, new caseallowing cross-examining witnesses on facts underlying misdemeanor convictions, the new sniffer dogqualification rule, how really to preserve an evidence objection, and the lowdown on what evidence rulesapply on retrials.

2:00 - 3:00 PM Westlaw NextWalnut Room Susan Reale, Attorney, Westlaw Government Account Manager, West, Thomson Reuters

CLE: 1.00

Objectives: Attendees will learn how to use WestlawNext to do legal research, find legal documents andupdate their documents through KeyCite. They will also learn how to copy text from WestlawNext withthe proper Kentucky citation format. Finally, they will learn how to annotate documents as well as savethese documents in permanent WestlawNext Research Folders.

2:00 - 4:15 PM ClearGreen Room (2ⁿ� Floor) Roger Madore, Senior Consultant, Client Education, Fraud Prevention & Investigations, Thomson Reuters

CLE: 2.00

Objectives: Need an effective way to investigate a party of interest? CLEARSM is the next generationresearch tool that can help. With a robust collection of both public and proprietary records, CLEAR makesinvestigations easier by giving you:1. A thorough source of public and proprietary records, with real-time data to bring you the most currentinformation2. Graphical connections between people, addresses, and phone numbers to help verify identity3. Integrated Web searching, including social network sites, providing information not found in publicrecords4. Customized reports to create and save for later use or share with necessary parties5. You can start your search with any information you have available, such as an individual or businessname, SSN, or tax ID, and get reliable results quickly.

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3:15 - 4:15 PM ChecklistsMedallion A Jeff Adachi, Public Defender, City and County of San Francisco


Objectives: Knowledge is power, or so they say. But it is also, increasingly, a source of complexity andoverload. The irony is that the more information we have at our disposal, the more likely it becomes thatwe will overlook the obvious and forget the routine. Very often, the mistakes we make are not mistakesof ignorance (made because we don't know enough) but mistakes of ineptitude (made because we do notmake proper use of what we already know). In some occupations, this can be a matter of life or death.The alarmingly simple answer to this problem is a well-devised checklist. Airline pilots use them, so dosurgeons, and construction engineers. San Francisco Public Defender Jeff Adachi talks about how usinghigh level checklists can help you win your cases. Applying concepts from Dr. Atul Gawande's best-sellingbook "The Checklist Manifesto" Adachi shows how defenders can to use checklists to improve the qualityof representation and case outcomes. Adachi also provides a hand-out booklet of over thirty checklists,covering a variety of topics, and discusses how defenders can set up a checklist project in their office toimprove case outcomes. The use of checklists can help to meet ethical obligations such as the duty to bediligent and competent, as well as the obligations we have to others in the profession and in the public,beyond our own clients themselves. During this session, we will look to the ethics rules and performanceguidelines in the design of checklists relevant to the participants.

3:15 - 4:15 PM Negotiations Principles for Systemic Change

Medallion B Ray Ibarra, Covington Trial OfficeAshley Graham, Covington Trial Office

CLE: 1.00

Objectives:1. Label and describe each of the phases in any negotiation and apply those labels to your ownnegotiation practice.2. Improve your preparation for negotiation and negotiation results by focusing on a principled basisfor negotiation, client objectives, and information control.3. Identify opportunities to negotiate favorable courtroom procedures with judges and prosecutors inthe areas of plea negotiations, pre-trial release, and appointment of counsel.4. Spot prosecution attempts to avoid a fair negotiation and leverage this knowledge to coerce fairerprosecution practices.

2:00 - 3:00 PM Vicarious Trauma for Social WorkersMedallion E/F Lori James-Townes, Chief of Social Work Services, Maryland Office of Public Defenders

CLE: 1.00

Objectives:1. Learn how to protect your emotional stability2. Learn how to stay emotionally, physically and intellectually healthy3. Review the balance and self-care or lack thereof4. Recognize vicarious trauma and what it is5. Discover what your strengths are6. Understand the Pillars of Balance Exercise7. Understand ways to promote pillars of balance8. Examine Personal Balance and Self Care9. Understand why it is unethical not to address self-care and vicarious trauma in your staff

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3:15 - 4:15 PM Fundamentals - Death Penalty Representation in KentuckyMezzanine C/D Ernie Lewis, Attorney, Frankfort, KY

CLE: 1.00

Objectives: This one hour session is directed at newer trial lawyers who are contemplating working on acapital case, or who are now handling a case as a second or third chair in a capital case. It will focus onfundamental concepts needed to be successful as a team member in a capital case. These concepts willinclude mitigation, the reasoned moral response, the ABA Guidelines, the process involved in a capitaltrial, the client, and many others.

1. To expose newer lawyers to the fundamentals of capital litigation.2. To track the trial of a Kentucky case from the time of Gregg to today.3. To familiarize newer lawyers with both the ABA Guidelines and the Kentucky Death Penalty Manual.4. To ensure that newer lawyers understand the concept of mitigation and its importance to capitallitigation.5. To demonstrate to newer lawyers the complex process used in a capital trial.

3:15 - 4:15 PM Representing Co-Defendants

Medallion D Jay Barrett, Directing Attorney, MoreheadMike Lemke, Chief of the Capital Trial Division, Louisville-Metro Public Defender's Office

CLE: 1.00CLE 1.00 Ethics

Objectives: Representing co-defendants can take many forms and present serious ethical challenges.What kind of waivers of multiple representation are adequate to ensure ethical representation? Whenis a conflict so far clear that representing co-defendants simultaneously is prohibited? When, if ever, canmultiple co-defendants be represented by different attorneys in the same office? What part of the defenseattorney representation can be shared between multiple defense attorneys without endangering clientconfidentiality? What difference might it make if the theories of defense are compatible or not? Whenshould defense requests for severance among co-defendants be made? This session will explore theseand other questions from the perspective of the rules of professional conflict governing conflicts, KentuckyEthics Opinions on conflict issues, and opinions of the United States Supreme Court, Sixth Circuit, andKentucky Courts.

3:15 - 4:15 PM Post-Trials Consequence of Winning

Medallion C Tim Arnold, Post Trial Division DirectorCicely Lambert, Assistant Appellate Defender, Louisville-Metro Public Defender's Office


Objectives: This ethics session is intended particularly for Post-Trials attorneys, both on direct appeal andin post-conviction. In this session, we will focus on the attorneys role as an advisor under Rule 2.1 inrendering candid advice "not only to law but to other considerations such as moral, economic, social andpolitical factors" as well as the duty of communication under Rule 1.4 to keep the client informed andcommunicate proffered offers.

Participants will learn:1. What issues do not carry a risk of retrial;2. What can happen in a retrial which might be worse result for your client then what they got after theoriginal trial;3. How to evaluate an issue on appeal to determine whether the benefits of prevailing on the issueoutweigh the risks of a retrial;4. When a change of circumstances on retrial might result in a finding of vindictive prosecution; and5. What kind of advice is required under the Kentucky Rules of Professional Responsibility prior topermitting a client to forgo a valid claim for relief on appeal or in post-conviction.

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3:15 - 4:15 PM Ethical Dilemmas for Social Workers

Medallion E/FLori James-Townes, Chief of Social Work Services, Maryland Office of Public DefendersGlenda Edwards, Trial Division DirectorRobert Walker, M.S.W., L.C.S.W., UK Center on Drug and Alcohol Research


Objectives: Social workers have their own set of ethical rules and obligations. This is complicated whenthey work as part of a legal defense team because attorneys have a set of ethical obligations as well, someof which do not exactly correspond to those of social workers. This session will concentrate on thosedifferences, addressing the ethical obligations of social workers to follow attorney ethics when part of adefense team, issues of client confidentiality and the duty to report incidents of abuse, and issuessurrounding the unauthorized practice of law.

4:30 - 5:30 PM New Pretrial Release System [PUBLIC DEFENDERS ONLY]

Medallion AB. Scott West, General CounselMark Heyerly, AOC Pretrial ServicesCharlotte McPherson, Manager, AOC Pretrial Services

CLE: 1.00

Objectives: Limited to public defenders only (DPA, Louisville-Jefferson Public Defender Corp., anyonehaving a contract with either of these entities to handle public defender cases), this session will introducethe new risk assessment tool that will soon be used by AOC's Pretrial Services Division to make bailrecommendations, and the new Kentucky Pretrial Release Manual, available now on-line and on disc.

4:30 - 5:30 PM Daubert Challenges To Pattern & Impression Forensic Science Evidence

Medallion B Chris Fabricant, Director, Strategic Litigation, Innocence Project, Inc, New York, NY

CLE: 1.00

Objectives: Litigation strategies for Daubert challenges to pattern & impression evidence, e.g., tool marks,tire treads, fingerprints; including expanding the relevant scientific community beyond the practitionersthemselves, using statistics and probabilities to demonstrate the lack of a validated hypothesis inpattern/impression evidence disciplines, exposing foundational flaws in forensic science jurisprudence toargue against decades of established precedent and using fallback strategies to exclude or narrow theadmissibility of such evidence.

3:15 - 4:15 PM Westlaw NextWalnut Room Susan Reale, Attorney, Westlaw Government Account Manager, West, Thomson Reuters

CLE: 1.00


4:30 - 5:30 PM Legislative Update

Medallion C Damon Preston, Deputy Public Advocate

CLE: 1.00

Objectives: No landmark legislation relating to Criminal Law resulted from the 2013 "short session" of theGeneral Assembly, but significant bills were passed that criminal defense litigators will need to know asthey advise their clients. In this session, participants will learn about legislation that passed, or did notpass, this year's session and possible challenges and strategies litigators will face in dealing with the newlaws. We will also preview what legislation is likely to be proposed again next year.

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Mezzanine C/D

Susan Balliet, Attorney, Appeals BranchEuva May, Attorney, LaGrange Post-ConvictionDavid Neihaus, Deputy Appellate Defender, Louisville-Metro Public Defender's OfficeRodney Barnes, Northern Regional Manager

CLE: 1.00


4:30 - 5:30 PM Transcending Race, Class and Culture on Capital Defense TeamsWalnut Room Watani Tyehimba, Tyehimba Services, Inc, Investigative & Protective Services, Decatur, GA

CLE: 1.00

Objectives: There is a set of academic and interpersonal skills needed to allow individuals to increase theirunderstanding and appreciation of cultural differences and similarities within, among, and between groups.Cultural sensitivity can also be thought of as a process of learning that leads to an ability to effectivelyrespond to the challenges and opportunities posed by the presence of social-cultural diversity in a definedsocial system. It helps people avoid stereotypes and biases and promotes a focus on the positivecharacteristics of diverse cultural groups. This session is designed to allow participants to express the waysin which they identify themselves in relation to their racial, ethnic, and/or cultural heritage.Session will allow participants to understand, appreciate and discuss the following:1. How do stereotypes, bias, etc. enhance or hinder the relationships?2. What are barriers to the effective communication?3. What works?4. What's universal to relationship and team building?5. What communication tactics work?a. Paraphrasingb. Listeningc. Acknowledging paind. Acknowledging differences in our culture, race, background, hipness, etc.e. Removing the elephants in the roomSession Objectives:1. Identify ways to embrace diversity2. Learn effective cross racial / cultural communication3. Identify and correct negative stereotypes4. Build stronger defense teams with a greater understanding of Race, Class, Gender and Culture

4:30 - 5:30 PM Kentucky Case Law Review

Medallion DJohn Landon, Attorney, Lexington Trial OfficeBruce Hackett, Chief Appellate Defender, Louisville-Metro Public Defender's OfficeJason Apollo Hart, Attorney, Appeals Branch

CLE: 1.00

Objectives: The Kentucky Law Update teaches participants about the changes to Kentucky case law duringthe previous year. We examine several areas, with special emphasis to significant changes in the appellatecourt's stance on certain issues. This program will also touch on areas where the appellate courts haveleft open questions to be resolved by later litigation.

4:30 - 5:30 PM New Developments in Juvenile Law PracticeGreen Room (2ⁿ� Floor) Pete Schuler, Chief, Juvenile Trial Division, Louisville-Metro Public Defender's Office

CLE: 1.00Objectives: To acquaint the juvenile court practitioner with the most significant recent developments inKentucky case law and statutory/administrative changes pertaining to public, youthful and status offenders.

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9:00 - 10:15 AM Theory Formulation and The Role of Scenarios and TimelinesMedallion C Robert Walker, M.S.W., L.C.S.W., UK Center on Drug and Alcohol Research

CLE: 1.25

Objectives: This workshop will examine the ways defense teams can develop more meaningful theoriesof their cases by careful re-construction of the timelines leading up to and following a crime. One of thepurposes of this process is to clear away prosecution and law enforcement presentation of 'facts' in orderto arrive at a fresh view of the events. In addition, the role of behavioral health professionals is stressedas a way of adding complexity to the understanding of characteristics of defendants, victims, and otherparticipants in the crime scene.

By the end of the program, the participant will:1. Have a larger context within which to think about collecting crime history information.2. Have working knowledge of the importance of client language and construction of defense information.3. See how details of client and witness re-construction can shape the theory of a case.

9:00 - 10:15 AM Beyond DNA Basics: Current Issues in DNA Cases

Medallion D Andrea Kendal, Attorney, DPA Boone Co. OfficeShanin Lodhi, Forensic Consultant, Odeix Forensic Consulting

CLE: 1.25Objectives: Participants will thoroughly examine a DNA mixture case learning how to read reports, interpretjargon, and understand steps in DNA testing. We will also discuss testing recently adopted by KSP andlearn the limitations of mixture interpretation and Y-STR testing.

9:00 - 10:15 AM Life on the Streets: Cross of the Lead Homicide DetectiveMezzanine A/B Dehlia Umunna, Deputy Director of Harvard Law School's Criminal Justice Institute, Boston, MA

CLE: 1.25Objectives: This presentation provides tips on how to prepare, organize, and execute an effective crossexamination of the lead detective in a homicide case. Areas of discussion include, defense theory, purposeof cross examination, issues to consider, organization, among other topics.

9:00 - 10:15 AM Tools Used in Making Parole Board DecisionsMedallion B Shannon Jones, Acting Chair, Kentucky Parole Board

CLE: 1.25

Objectives:1. History of Parole2. Statutes Governing the Parole Process3. Parole Board Statistics4. Questions/Answers

9:00 - 10:15 AM Risk Assessments for Sentencing: LS/CMI

Medallion A Glenn McClister, Attorney, Education BranchDamon Preston, Deputy Public Advocate

CLE: 1.25

Objectives: HB 463 included a provision, codified into KRS 532.007(3)(a) and KRS 532.050 and effectiveJuly 1, 2013, that judges shall consider the results of a defendant's risk and needs assessment included inthe presentence investigation report. Defense attorneys need to understand what that means. The riskand needs assessment to be incorporated into the presentence investigation report is called the Level ofService/Case Management Inventory (LS/CMI). This session will review the LS/CMI so you will understandwhat the scores mean and what is in the report given to the judge and what is also missing.

Tuesday, June 18, 2013

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9:00 - 10:15 AM Westlaw NextGreen Room (2ⁿ� Floor) Susan Reale, Attorney, Westlaw Government Account Manager, West, Thomson Reuters

CLE: 1.25


9:00 - 10:15 AM Telling the Client’s Story (for Social Workers)

Medallion E/F Lori James-Townes, Chief of Social Work Services, Maryland Office of Public Defenders

CLE: 1.25

Objectives: Every client has a story which needs to be told. Telling the client's story is the most powerfulway of making judges and juries understand the client as another human being. This session will focus onthe important role of social workers in helping attorneys identify and relate the client's story. Socialworkers are uniquely qualified to explain the role intellectual disability, drug addiction, homelessness, andother deficits play in developing client habits, preferences, and decision-making.

9:00 - 11:30 AM Principled Negotiation: What It Is and Why It Works

Walnut Room Peter Anderson, Training and Development, Wisconsin State Public Defender's OfficeGina Pruski, Training Director, Wisconsin State Public Defender's Office

CLE: 2.25

Objectives:1. Recognize the different ways people negotiate.2. Understand why traditional methods of negotiation don't always work.3. Grasp the four-step method of principled negotiation.4. Apply the four-step method of principled negotiation to mock case scenarios.

9:00 - 10:15 AM Guilty Pleas, Ineffective Assistance of Post-Conviction

Mezzanine C/DGlenda Edwards, Trial Division DirectorMelanie Foote Hollingsworth, Attorney, Elizabethtown OfficeAmy Staples, Post-Conviction Branch Manager


Objectives: Recent Supreme Court cases have again highlighted the possibility that counsel may be actingineffectively even if the client wants to take the plea and settle the case. What the attorney has told theclient about the possible outcomes of a trial, about the existence of an plea offer, and about all aspectsand implications and collateral consequences of taking a guilty plea have all come under greater scrutiny.These issues also effect basic considerations of competency, communication, and scope of representation.When is the attorney's communication of any offer and the client's ethical right to make an informeddecision not only ineffective representation but unethical as well?

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10:30 - 11:30 AM Communicating with Clients and Third Parties

Medallion C Angela Rea, Division Chief, Adult Trial Division, Louisville-Metro Public Defender's OfficeKrsna Tibbs, Division Chief, Adult Trial Division, Louisville-Metro Public Defender's Office

CLE: 1.00Objectives: We will discuss, using hypothetical situations, the complexities of communicating effectivelywith clients, prosecutors, and other interested parties while vigilantly guarding client confidentiality. Thissession is especially oriented toward less experienced attorneys, but all are welcome.


Mezzanine C/D

Susan Balliet, Attorney, Appeals BranchEuva May, Attorney, LaGrange Post-ConvictionJ. David Niehaus, Deputy Appellate Defender, Louisville-Metro Public Defender's OfficeTeresa Whitaker, Bluegrass Regional Manager

CLE: 1.00


10:30 - 11:30 AM The New DMS-5

Mezzanine A/B Eric Drogin, J.D., Ph.D., ABPP, Louisville, KYStephanie McKeehan, Attorney, London Office

CLE: 1.00

Objectives: In May 2013, the American Psychiatric Association published the new "DSM-5," the latestedition of the "Diagnostic and Statistical Manual of Mental Disorders" that has been the foundation ofpsychiatric diagnosis since 1952. The DSM-5 contains many changes that will significantly affect therepresentation of indigent criminal defendants with mental illness. Learning objectives for thispresentation include:1. understand new DSM-5 criteria for mental disorders most commonly encountered in criminal practice2. learn how diagnoses for persons with more than one disorder will be listed per the DSM-53. review how changes in diagnostic criteria have already begun to influence current criminal cases4. address how counsel may decide request--or avoid--re-evaluation in light of changes in diagnosticcriteria

10:30 - 11:30 AM Forensic Firearms EvidenceMedallion B Watani Tyehimba, Tyehimba Services, Inc, Investigative & Protective Services, Decatur, GA

CLE: 1.00

Objectives: This session will cover forensic firearms evidence, nomenclature, operation and ballistics asit applies to your cases.Topic material will cover:1. Interior Ballistics2. Exterior / Terminal Ballistics3. Basic types of firearms and how they operate4. Firearms identification5. Basic shooting incident evidence and reconstruction6. Shooting Reconstruction ChecklistSession Objectives:1. Help recognize critical questions and issues in cases involving firearms when talking to defendant andor witnesses.2. Facilitate intelligent discussions with forensic experts such as criminalists, firearms examiners andmedical examiners.3. Assist in the reading of police and medical examiner reports.4. Understand and recognize the basic reconstruction of shooting scenes from forensic firearms evidence.

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10:30 - 11:30 AM Immigration

Green Room (2ⁿ� Floor) Dan Kesselbrenner, Executive Director, National Immigration Project of the National Lawyers Guild, BostonKate Benward, Attorney, LaGrange Trial

CLE: 1.00

Objectives:1. The session will address the criminal defense attorney's duty to advise clients on the immigrationconsequences of a conviction after Padilla v. Kentucky.2. Training on immigration concepts and resources that will enable defense attorneys to providenon-citizen clients with effective advice on the immigration consequences of a criminal conviction.

10:30 - 11:30 AM Hot Issues in Capital MitigationMedallion E/F Lori James-Townes, Chief of Social Work Services, Maryland Office of Public Defenders

CLE: 1.00

Objectives: Mitigation, also referred to as "mitigating factors" or "mitigating evidence," is evidence thedefense can present in the sentencing phase of a capital trial to provide reasons why the defendant shouldnot receive a death sentence. This evidence, which can include mental problems, remorse, youth,childhood abuse or neglect, a minor role in the homicide, or the absence of a prior criminal record, mayreduce the culpability of the defendant in the killing or may provide other reasons for preferring a lifesentence to death. The Supreme Court has ruled that in deciding between the death penalty and a lesserpenalty, the jury may consider any mitigating evidence a juror finds relevant.

This session explores current trends in investigation and presentation of mitigation evidence.

2:13 - 3:15 PM Recent Developments in EthicsMedallion B B. Scott West, General Counsel


Objectives: In the past year or so, there have been significant case decisions impacting the way that manyof us practice law. After this session, participants will be aware of the Supreme Court's decisions concerning:1. Ex parte discussions involving bench/arrest warrants;2. "Entering an appearance" and thereafter withdrawing from a case;3. Court decorum; and4. Much more.Attendees will have an open forum to discuss the "grey areas" that these opinions do not quite discuss,and will be offered guidance on how to use these opinions to govern one's own actions in and out of thecourtroom.

2:13 - 3:15 PM Safety in the FieldMedallion C Watani Tyehimba, Tyehimba Services, Inc, Investigative & Protective Services, Decatur, GA

CLE: 1.00

Objectives: We will discuss basic safety protocols and tips for Sentencing Advocates, Mitigation Specialistsand Investigators while working in the field.Topic material will cover:1. What to do in preparation for the outing2. How to travel to and from the location3. How to handle concerns on the street and at the location

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2:13 - 3:15 PM US Supreme Court ReviewMezzanine A/B Allison Connelly, Professor & Clinic Director, University of Kentucky College of Law

CLE: 1.00Objectives: Reflections on the most significant decisions in the past year from the US Supreme Court. Newideas about how to use these appellate cases to assist clients at the trial and appeal and post-convictionlevel.

2:13 - 3:15 PM "Objection Your Honor" - Now What Do I Say? (And Do?)

Mezzanine C/D Patti Echsner, Division Chief, Adult Trial Division, Louisville-Metro Public Defender's OfficeAmy Hannah, Division Chief, Adult Trial Division, Louisville-Metro Public Defender's Office

CLE: 1.00

Objectives:1. Present review of relevant and applicable law regarding objections and preservation of error2. Discuss tactical considerations when making objections3. Provide trial scenarios to illustrate and discuss specific preservation issues that occur in differentstages of the trial

2:13 - 3:15 PM Field Sobriety TestsWalnut Room Nathan Miller, Attorney, DPA Morehead Office

CLE: 1.00

Objectives: This session is intended to highlight the basic unfairness and unreliability of the three"standardized" field sobriety tests: 1) Horizontal Gaze Nystagmus, 2) Walk-and-Turn, and 3) the One-LegStand. After the session, attorneys should be able to better: 1) identify issues with these tests in their owncases,2) cross examine officers on the tests, and 3) create themes at trial that will get jurors to questionthe tests' basic fairness, hopefully resulting in more NOT GUILTY verdicts for our clients.

2:13 - 3:15 PM Advocates for DPA Clients under 18: The Front Line Challengers; Committed to Blowingup the School to Prison Pipeline and Breaking Our Addiction for Incarceration

Green Room (2ⁿ� Floor)Rebecca DiLoreto, Litigation Director, Children's Law CenterAmy Swann, KIDS COUNT Coordinator, Kentucky Youth AdvocatesLonda Adkins, Attorney, Frankfort Trial Office

CLE: 1.00

Objectives: A one hour jam and jammed session devoted to the exciting world of numbers, evidence basedstudies and practical applications to use in your legal arsenal to blow up the pipeline feeding children intoour juvenile and criminal justice systems. Learn how your county compares to others in Kentucky in itspenchant to charge and lock up children for status, public, violent and non-violent offenses. Pick up a cheatsheet for evidence-based studies that can meet the Daubert standard and be admitted in court at trialand on appeal to expose the harm of prosecution and incarceration and support your motions to dismiss,remand for diversion, probate and retain children in the community and out of juvenile jail. Strategizewith public defender colleagues, private attorneys and community advocates about how to take thisinformation back to your judges, prosecutors and legislators to end Kentucky's addiction to incarcerationfor young people.

1. Learn the numbers on charging and locking up children in the counties you cover2. Consider how to use evidence-based studies and experts to support your in-court arguments againstprosecution, incarceration, commitment to YDCs and use of VCOs and VCO terms3. Strengthen arguments against sanctions that harm children4. Develop a plan for taking the numbers, studies by criminologists, sociologists and psychologists backto those in your community who impact juvenile justice policy in Kentucky5. Learn the basics of special education law and its interplay with juvenile court prosecutions6. Think through how to preserve the trial record to strengthen appellate arguments to seek relief foryour clients7. Think through how to make even more persuasive appellate arguments to convince appellate judgesto protect the civil rights of DPA clients under 188. Make connections with colleagues who are battling the same claims on behalf of their clients

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2:13 - 3:15 PM Stand Your Ground

Medallion E/F Susan Balliet, Attorney, Appeals BranchGreg Coulson, Attorney, Cynthiana Office

CLE: 1.00

Objectives:1. Understand the structure of Kentucky's self-protection immunity statute including:

A. Immunity provisionsB. The use of physical forceC. The use of deadly physical forceD. The duty to retreat in Kentucky

2. Develop strategy in the use of the Kentucky statutory self-protection immunity provisions including:A. When to file for immunityB. What evidence to get in front of the court and howC. When taking a writ is appropriateD. Preservation of the issueE. Integrating the immunity statute into the trial defense

2:13 - 3:15 PM 202A Roundtable and BrainstormingRose Room (2ⁿ� Floor) Facilitated by Robert Friedman, Lexington Trial Office

CLE: 1.00

Objectives:1. To bring one another up to date about what has been happening with involuntary commitment andforced treatment litigation in our respective jurisdictions and statewide.2. To give participants the opportunity to brainstorm 202A issues or cases that are especially problematic.3. Determine how we can best use Justware to improve our representation of our 202A clients.

3:30 - 4:15 PM Identification of High Functioning Impairment

Medallion Justice William Cunningham, Kentucky Supreme CourtYvette Hourigan, Director, Kentucky Lawyer's Assistance Program

CLE: .75CLE: .75 Ethics

Objectives: To promote methods of practice and risk management techniques which reduce the stress ofpractice and assist attorneys in recognizing impairment in other attorneys and judges, and how to respond;thereby reducing the impact on the KBA of addiction, depression and suicide.

4:30 - 5:30 PM Vicarious Trauma - Taking Care of YourselfMedallion A Lori James-Townes, Chief of Social Work Services, Maryland Office of Public Defenders

CLE: 1.00

Objectives:1. Learn how to protect your emotional stability2. Learn how to stay emotionally, physically and intellectually healthy3. Review the balance and self-care or lack thereof4. Recognize vicarious trauma and what it is5. Discover what your strengths are6. Understand the Pillars of Balance Exercise7. Understand ways to promote pillars of balance8. Examine Personal Balance and Self Care9. Understand why it is unethical not to address self-care and vicarious trauma

4:30 - 5:30 PM Lawyers and DepressionMedallion B James D. Clines, LMFT, The Innerview Counseling and Consulation, Louisville, KY

CLE: 1.00

Objectives: This educational program is geared towards teaching the legal professional how to recognizesigns of depression in themselves, their colleagues and clients. The program will guide the individualattorney through the signs and symptoms of depression and learn how to respond if these symptomspresent themselves.

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4:30 - 5:30 PM Addiction as DiseaseMedallion C/D Jerod M. Thomas, Deputy Administrator, Westcare, Inc., Boyle County Detention Center SAP Program

CLE: 1.00

Objectives: In 1956, the American Medical Association recognized addiction as an illness and in 1966, theAMA recognized alcoholism was a "disease." Finally, in a major breakthrough in medical thinking, duringJune 1987, the AMA declared that "drug dependencies, including alcoholism, are diseases, and that theirtreatment is a legitimate part of medical practice." This program will teach the individual lawyer the diseaseconcept of addiction as well as proven recovery methodology.

4:30 - 5:30 PM Lawyers, Stress and AngerMezzanine A/B Karen E. Sheets-Mobley, LCSW LMFT, The Innerview, Louisville, KY

CLE: 1.00

Objectives: The field of criminal defense litigation is perhaps the highest-stress area of practice, in one ofthe already most stressful professions - the practice of law. This educational program will teach the lawyerhow to recognize signs of chronic stress, anxiety and anger-management issues in themselves and theircolleagues. Attorneys will be taught coping skills for dealing with chronic stress and anxiety, and how tomanage anger issues.

4:30 - 5:30 PM Recognizing the Risks of Suicide Among LawyersMezzanine C/D Yvette Hourigan, Director, Kentucky Lawyer's Assistance Program


Objectives: The recent number of suicides by attorneys in Kentucky has been recognized nationally as analarming statistic. The program will educate the individual attorney how to recognize severe stress andchronic depression in their colleagues, empower the helping attorney to address the issue with the lawyerin distress, and teach them how to help the individual find immediate help and hopefully long-termtreatment.

4:30 - 5:30 PM Humana VitalityWalnut Room Craig Vaughn, Humana

CLE: 1.00

Objectives: The health care insurer for Kentucky state employees, Humana, offers a free wellness program.You can sign up for the program through the Humana web page and quickly earn enough points to receivea free pedometer. Once you have the pedometer or log workouts with their smart phone apps, you canearn points to spend in their online mall. Members who work out regularly, do preventative doctor'svisits and watch some of their education videos can expect earn enough points to trade in for at least $150in Amazon or ITunes gift cards or other online products.

This session provides the opportunity to sign up for the program and do Humana Vitality HealthAssessment… Employees that complete their Health Assessment will receive a FREE dry fit t-shirt.

After completion of their Health Assessment, employees will be able to:1. Learn their Vitality Age to see if your body is living younger or older than your actual age2. Get recommended health goals based on employee's current health3. Choose fitness programs that are right for employees4. Earn Vitality Points to increase your Vitality Status5. Earn Vitality Bucks to spend on great rewards

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8:30 - 10:00 AM Ordinary Injustice/Collateral Consequences in Kentucky

Medallion

Amy Bach, President and Executive Director, Measures for JusticeEd Monahan, Public AdvocateGlenn McClister, Attorney, Education Branch (Collateral Consequences in Kentucky)Mihaela Beloiu, Shepherdsville Trial Office (Collateral Consequences in Kentucky)

CLE: 1.5CLE: .5 Ethics

Objectives (Ordinary Injustice): This talk will tell stories about how groups of well-intentioned prosecutors,judges and defense attorneys can stop performing their jobs when one part of the system malfunctions.It will explain how measurement can be used to spot lagging and leading performance and give everyonea foothold to demand improvement.Objectives (Collateral Consequences in Kentucky): Since the United States Supreme Court declared thatfailure to inform a client of the consequences of a criminal conviction may be ineffective assistance ofcounsel in Padilla v. Kentucky, criminal defense attorneys have struggled to understand how extensivethis legal and ethical responsibility may be. The Department of Public Advocacy has responded to thischallenge by surveying the Kentucky Revised Statutes and Administrative Regulations for the collateral(indirect) consequences of criminal convictions. This session is designed to introduce the latest learningmaterials produced by the department.

Wednesday, June 19, 2013

Jeff AdachiOffice of the Public Defender555 Seventh StreetSan Francisco, CA 94103Tel: (415) 553-9520Email: [email protected]

Londa AdkinsDepartment of Public Advocacy223 St. Clair StFrankfort, KY 40601Tel: (502) 564-7204E-mail:[email protected]

Peter AndersonTraining and DevelopmentWisconsin State Public Defender's Office315 N. Henry Street, 2nd FloorMadison, WI 53703Tel: (608) 267-0581Email: [email protected]

Tim ArnoldPost Dispositional Branch ManagerDepartmentof Public Advocacy100 Fair Oaks Lane, Ste 302Frankfort, KY 40601Tel: (502) 564-8006E-mail: [email protected]

Amy BachMeasures for Justice2 Brunswick StreetRochester, NY 14607Email: [email protected]

Susan BallietDepartment of Public Advocacy100 Fair Oaks Lane, Ste 302Frankfort, KY 40601Tel: (502) 564-8006Email: [email protected]

Jay BarrettDepartment of Public AdvocacyPO Box 1038Morehead, KY 40351Tel: (606) 783-8600E-mail: [email protected]

Mihaela BeloiuDepartment of Public Advocacy650 N. Buckman Street, P.O. Box 6570Shepherdsville, KY 40165Tel: (502) 955-8594Email: [email protected] BenwardDepartment of Public Advocacy208 Parker Dr., Ste 1BLaGrange, KY 40031Tel: (502) 222-7712Email: [email protected]

Allison ConnellyProfessor & Clinic DirectorUniversity of Kentucky College of Law630 Maxwelton CourtLexington, KY 40506Tel: (859) 257-4692E-mail: [email protected]

Greg CoulsonDepartment of Public Advocacy221 S. Main St., Ste 101Cynthiana, KY 41031Tel: (859) 234-4535Email: [email protected]

Justice Bill CunninghamSupreme CourtState Capitol700 Capitol Avenue, Room 235Frankfort, KY 40601Tel: (502) 564-5444

Rebecca Ballard DiLoreto, J.D.Litigation DirectorChildren’s Law Center1555 Georgetown RoadLexington Kentucky 40511Tel: 866 386 8313Email: [email protected]

Eric Drogin, J.D., Ph.D., ABPP4949 Old Brownsboro RoadLouisville, KY 40222Tel: (877) 877-6692Email: [email protected]

Patti EchsnerLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

Glenda EdwardsTrial Division DirectorDepartment of Public Advocacy100 Fair Oaks Lane, Suite 302Frankfort, KY 40601Tel: (502) 564-8006E-mail: [email protected]

Angela EllemanLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

Faculty Contact Information

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Jeff AdachiOffice of the Public Defender555 Seventh StreetSan Francisco, CA 94103Tel: (415) 553-9520Email: [email protected]

Londa AdkinsDepartment of Public Advocacy223 St. Clair StFrankfort, KY 40601Tel: (502) 564-7204E-mail:[email protected]

Peter AndersonTraining and DevelopmentWisconsin State Public Defender's Office315 N. Henry Street, 2nd FloorMadison, WI 53703Tel: (608) 267-0581Email: [email protected]

Tim ArnoldPost Dispositional Branch ManagerDepartmentof Public Advocacy100 Fair Oaks Lane, Ste 302Frankfort, KY 40601Tel: (502) 564-8006E-mail: [email protected]

Amy BachMeasures for Justice2 Brunswick StreetRochester, NY 14607Email: [email protected]

Susan BallietDepartment of Public Advocacy100 Fair Oaks Lane, Ste 302Frankfort, KY 40601Tel: (502) 564-8006Email: [email protected]

Jay BarrettDepartment of Public AdvocacyPO Box 1038Morehead, KY 40351Tel: (606) 783-8600E-mail: [email protected]

Mihaela BeloiuDepartment of Public Advocacy650 N. Buckman Street, P.O. Box 6570Shepherdsville, KY 40165Tel: (502) 955-8594Email: [email protected] BenwardDepartment of Public Advocacy208 Parker Dr., Ste 1BLaGrange, KY 40031Tel: (502) 222-7712Email: [email protected]

Allison ConnellyProfessor & Clinic DirectorUniversity of Kentucky College of Law630 Maxwelton CourtLexington, KY 40506Tel: (859) 257-4692E-mail: [email protected]

Greg CoulsonDepartment of Public Advocacy221 S. Main St., Ste 101Cynthiana, KY 41031Tel: (859) 234-4535Email: [email protected]

Justice Bill CunninghamSupreme CourtState Capitol700 Capitol Avenue, Room 235Frankfort, KY 40601Tel: (502) 564-5444

Rebecca Ballard DiLoreto, J.D.Litigation DirectorChildren’s Law Center1555 Georgetown RoadLexington Kentucky 40511Tel: 866 386 8313Email: [email protected]

Eric Drogin, J.D., Ph.D., ABPP4949 Old Brownsboro RoadLouisville, KY 40222Tel: (877) 877-6692Email: [email protected]

Patti EchsnerLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

Glenda EdwardsTrial Division DirectorDepartment of Public Advocacy100 Fair Oaks Lane, Suite 302Frankfort, KY 40601Tel: (502) 564-8006E-mail: [email protected]

Angela EllemanLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

Chris FabricantDirector, Strategic LitigationInnocence Project, Inc.40 Worth Street, Suite 701New York, New York 10013Tel: (212) 364 5997Email: [email protected]

Melanie Foote HollingsworthDepartment of Public Advocacy226 S. MulberryElizabethtown, KY 42701Tel: (270) 766-5160Email: [email protected]

Robert FriedmanDepartment of Public Advocacy163 West Short St., Ste 600Lexington, KY 40507Tel: (859) 258-2377Email: [email protected]

Ashley GrahamDepartment of Public Advocacy333 Scott Street, Suite 400Covington, KY 41011Tel: 859-292-6596Email: [email protected]

Bruce HackettLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

Jason Apollo HartDepartment of Public Advocacy100 Fair Oaks Lane, Suite 302Frankfort, KY 40601Tel: (502) 782-3584Email: [email protected]

Amy HannahLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

Mark HeyerlyProject SpecialistPretrial ServicesAdministrative Office of the CourtsKentucky Court of Justice2805 Louisa StreetCatlettsburg, KY 41129(Tel) 606-739-2382Email: [email protected]://courts.ky.gov

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Yvette HouriganKYLAP DirectorP.O. Box 1437Frankfort, KY 40602-1437Tel: (502) 564-3795, ext. 266Email: [email protected]

Ray IbarraDepartment of Public Advocacy333 Scott Street, Suite 400Covington, KY 41011Tel: 859-292-6596Email: [email protected]

Lori James-TownesDirector of Social Work ServicesMaryland Offices of Public Defender6 Saint Paul Street, Ste 1400Baltimore, MD 21202Tel: 410-767-8469Email: [email protected]

Shannon JonesActing ChairKY Parole Board275 E. Main StreetFrankfort, KY 40602Tel: (502) 564-3620Email: [email protected]

Andrea KendallDepartment of Public Advocacy8311 US 42, Suite 210Florence, KY 41042Tel: (859) 282-0818Email: [email protected]

Dan KesselbrennerNational Immigration Project of theNational Lawyers Guild14 Beacon StreetSuite 602Boston, MA 02108Tel: (617) 227-9727Email: [email protected]

Cicely LambertLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

Jay LambertLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

John LandonDepartment of Public Advocacy163 West Short St., Ste 600Lexington, KY 40507Tel: (859) 258-2377Email: [email protected]

Mike LemkeLouisville Metro Public DefenderAdvocacy Plaza719 West Jefferson StreetLouisville, KY 40202Tel: (502) 574-3748E-mail: [email protected]

Ernie Lewis509 Marshall CourtFrankfort, KY 40601Tel: (502) 223-2586E-mail: [email protected]

Shanin LodhiForensic ConsultantOdeix Forensic ConsultingRichmond, KY 40475Email: [email protected]

Roger MadoreSenior Consultant, Client EducationThomson Reuters112 E. Blackjack Branch Way Jacksonville, FL32259Tel: (303) 513-8741Email: [email protected]

Euva MayDepartment of Public Advocacy207 Parker Drive, Suite 1LaGrange, KY 40031Tel: (502) 222-6682Email: [email protected]

Glenn McClisterDepartment of Public Advocacy100 Fair Oaks Lane, Suite 302Frankfort, KY 40601Tel: (502) 564-8006E-mail: [email protected]

Stephanie McKeehanDepartment of Public Advocacy217 South Main StreetLondon, KY 40741Tel: (606) 330-2050Email: [email protected]

Charlotte McPhersonManager, Pretrial ServicesDepartment of Statewide ServicesKentucky Judicial Branch100 Millcreek ParkFrankfort, KY 40601Tel: (502) 573-2350 x 50212Email: [email protected]://courts.ky.gov

Nathan MillerDepartment of Public AdvocacyPO Box 1038Morehead, KY 40351Tel: (606) 783-8600E-mail: [email protected]

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HB 463 news and updatesSummaries of Supreme Court and Court of Appeals criminal opinionsAnd much more!

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Faculty BiosJeff Adachi is the Public Defender of the City and County of San Francisco.Before being elected in March 2002, Mr. Adachi spent two years in privatepractice and nearly fifteen years as a deputy public defender. Working hisway up from misdemeanors to felonies, Mr. Adachi has tried over 100 jurytrials and has handled over 3,000 criminal matters throughout his career,including some of the Bay Area’s highest profile cases. From 1998-2001,he served as the Chief Attorney of the office. As the only elected PublicDefender in California, and one of few elected public defenders in theUnited States, Mr. Adachi oversees an office of approximately 100 lawyersand 65 support staff. His office represents over 25,000 people each yearwho are charged with crimes and unable afford a lawyer. The office has a$26.8 million dollar budget and provides a panoply of innovative programsto its clients, including Drug Court, Clean Slate expungement services, anda full-service juvenile division. The office also has one of the country’s topintern programs for law students and graduates. Mr. Adachi has been acertified criminal law specialist since 1991 and a member of the NationalBoard of Trial Advocacy since 2002. He recently served on the AmericanBar Association's Standing Committee on Legal Aid and Indigent Defense,which oversees the quality of legal representation for poor people. Mr.Adachi is a past president of the Asian American Bar Association of theGreater Bay Area and the San Francisco Japanese American Citizen’sLeague. He is also a past board member of the California Attorneys forCriminal Justice and the San Francisco Bar Association. Mr. Adachi’ssuccess is by no means limited to his law practice. Beginning with his workon the case of Chol Soo Lee, a Korean immigrant on death row who waswrongfully convicted of murder, Mr. Adachi has continued to advocate onissues affecting minority and disenfranchised communities and collaboratewith community based organizations. In 2004, Mr. Adachi foundedBayview MAGIC, a collaboration of youth and family agencies that workswith disadvantaged youth. The MAGIC program was recently expandedto include the Western Addition as “Mo Magic.” Mr. Adachi also co-chairsthe San Francisco Safe Communities Re-entry Council, which provideseducation, employment and educational re-entry services to personsrecently released from prison. In 1995, Mr. Adachi founded the AsianAmerican Arts Foundation, which produced the Golden Ring Awards from1995-1999 — the Asian “Oscars” which honored artists such as ChowYun-fat, John Woo, Ming-Na Wen, Oliver Stone and others, and providedcritical arts funding to emerging Asian American artists and artsorganizations. He also served as chairperson of the Asian AmericanTheater Company. Recently, Mr. Adachi wrote, produced, and directedThe Slanted Screen, an award-winning documentary film confronting AsianAmerican stereotypes in American cinema. The film, which aired nationallyon PBS in May 2006, garnered top awards at the New York InternationalIndependent Film & Video Festival and the Berkeley Film Festival. Mr.Adachi himself was featured in the film Presumed Guilty, a nationallybroadcast PBS special about public defenders and the criminal justicesystem, and is frequently featured as a legal commentator on Court TV,CBS, NBC and ABC. For over 15 years, Mr. Adachi has also taught withBAR/BRI bar review course and has published five books in this area. Heis the co-author of Chapter 25: Immunity for Testimony, in the CaliforniaCriminal Law Procedure and Practice book. Awards and honors earned byMr. Adachi include: the California State Bar Association’s prestigiousHufstedler Award for public service (1992); the Asian American BarAssociation’s Joe Morozumi Award for exceptional legal advocacy (1997);Mayor’s Fiscal Advisory Committee’s Managerial Excellence Award (2000);Asian American Bar Association of the Silicon Valley, honoree (2003); theCalifornia Public Defender Association’s Program of the Year Award (2006);the American Bar Association’s Dorsey Award for excellence in publicdefense (2006); the American Bar Association’s national award foroutstanding public defender (2006); California Lawyer Attorney of the Yearfor his efforts in the field of prisoner reentry (2007); California PublicDefenders Association Program of the Year Award for the office’sinnovative Children of Incarcerated Parents program (2009); and theNational Legal Aid & Defender Association’s Reginald Heber Smith Award

for outstanding achievement and dedicated service providing indigentdefense services (2012). Mr. Adachi graduated from Hastings College ofthe Law in 1985 and attended undergraduate studies at U.C. Berkeley. Helives in San Francisco with his wife Mutsuko and daughter Lauren.

Londa Adkins is a graduate of the University of Tennessee, Knoxville andreceived her J.D. from the University of Dayton College of Law. She joinedthe Kentucky Department of Public Advocacy in 2002 with the JuvenilePost Disposition Branch. The Juvenile Post Disposition Branch representschildren in the state’s residential treatment facilities and detention centersboth on appeal and on fact, duration or condition of confinement issues.Londa’s main focus concentrated on girls’ issues and how they enter thedelinquency system. In 2007, Londa became the Frankfort Trial OfficeJuvenile Specialist representing children in 5 counties. In 2010, Londajoined the Juvenile Justice Center at Barry University in Orlando, Floridawhere she was the sole staff attorney. She returned to DPA in 2011 and iscurrently a member of the Frankfort Trial Office.

Peter Anderson has worked as a Training Officer in the Wisconsin StatePublic Defender’s Office of Training and Development (OTD) since 2000.His responsibilities with the Public Defenders’ OTD include working withthe Division team in the planning and coordination of agency trainingevents, coordinating the agency’s Leadership Development Program andthe development and administration of the agency’s on-demand trainingwebsite, training.wisspd.org. Peter holds a B.S. in Education from theUniversity of Wisconsin-Stevens Point.

Tim Arnold graduated from Knox College in Galesburg, IL, in 1993. Hegraduated from the University of Kentucky College of Law in 1996. In 1996,Tim became employed with the Juvenile Post Dispositional Branch of DPAin the Frankfort office. He is currently the Post Trial Division Director.

Amy Bach, MFJ President and Executive Director, founded Measures forJustice in April 2011 as a follow-up to her acclaimed book, OrdinaryInjustice: How America Holds Court, which won the 2010 Robert F. KennedyBook Award. In June 2011, Echoing Green, a premier seed investor forsocial entrepreneurs, selected Amy as a Fellow out of 3,000 candidatesworldwide to support the launch of Measures for Justice. For her work onOrdinary Injustice, Amy received a Soros Media Fellowship, a special J.Anthony Lukas citation, and a Radcliffe Fellowship. She was a KnightFoundation Journalism Fellow at Yale Law School, and she is a graduate ofStanford Law School. She lives in Rochester, NY.

Before she moved to Kentucky, Susan Jackson Balliet put in 15 yearslitigating class actions for various civil legal aid offices in California, andserved for three years as the first director of Stanford Law School’s clinicaltraining office. In 1992, Balliet switched her practice to criminal appellatework, joining the Department of Public Advocacy’s Appeals Branch in 1998.She supervised in the Capital Post Conviction Branch before moving backinto the Appeals Branch. Balliet’s interest in expert opinion evidencebegan with her arguing Fugate v. Commonwealth, 993 S.W.2d 931 (Ky.1999) (acknowledging the validity of DNA testing). Since then she hascontributed to DPA’s Evidence Manual, and presented numerous timeson issues involving experts.

Jay Barrett is a 1979 graduate of the University of Connecticut School ofLaw and its criminal legal clinic. He joined DPA in 1982 as directingattorney of the Stanton office through 1988 and attended the NationalCriminal Defense College in 1983. After three years with New HampshirePublic Defenders, Jay returned to Kentucky in private practice inPrestonsburg. His litigation experience focused on criminal, civil rightsand employment discrimination cases, in both state and federal trial andappellate courts. Jay rejoined DPA in 2001 in the Paintsville office andserved as Trial Division Director from 2004 – 2007. He is currently theDirecting Attorney for the Morehead office and has served as faculty at

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DPA's Public Defender College, Litigation Persuasion Institute ("Faubush")and Death Penalty Institutes..

Mihaela Beloiu is a 2012 Graduate from Golden Gate University School ofLaw where she obtained her Juris Doctorate along with a specialization inCriminal Law and one in Public Interest Law. She started with theDepartment of Public Advocacy in July 2012. She moved to Kentucky atthat time from San Francisco, California to start as a Public Defender CorpsFellow. She currently works in Bullitt County as a Staff Attorney. She lovesbeing a defense attorney and could not imagine doing anything else.

Kate Benward obtained B.A. degrees in comparative literature, French,and philosophy from the University of Washington, Seattle. She wasawarded a Fulbright Fellowship to study literature at the University ofMontreal, and thereafter obtained an M.A. in comparative literature fromNew York University. She received her J.D. from the University ofWashington, Seattle in 2010. She worked a public defender in WashingtonState before joining the DPA in 2011 as a Public Defender Corps Fellow.

James D. Clines, LMFT, graduated from Bellarmine University with adegree in Philosophy and received his Masters in Marriage and FamilyTherapy from The Louisville Presbyterian Theological Seminary. He is aLicensed Marriage and Family Therapist and Founding Partner of TheInnerView Counseling and Consultation. At the InnerView, Jim providestherapy services to individuals, couples, families and groups, as well asserving as Director of Employee Care Partnership services.

Allison Connelly, clinical professor of law, joined the University of KentuckyCollege of Law faculty in 1996 as the first Director of the College's LegalClinic. Prior to joining the law school, she spent 13 years as a state publicdefender providing direct representation, including death penaltyrepresentation, to needy individuals at all levels of the criminal justicesystem. She rose through the ranks to become the first female KentuckyPublic Advocate, the head of Kentucky's statewide public defender system,and has more than twelve published appellate decisions to her credit. Shereceived her B.A. degree from the University of Kentucky and her J.D.degree from the University of Kentucky College of Law. Professor Connellyteaches litigation skills, criminal procedure and criminal trial process, andis the Director of the Kentucky Legal Education Opportunity (KLEO)Summer Institute. She is the founder of the Kentucky Intrastate Mock TrialCompetition, and is also the coach of the College’s highly successful trialteams, which include nine nationally ranked trial teams in the last thirteenyears. She has received numerous awards including the Chancellor'sOutstanding Teaching Award in 2001, the 2006 Chief Justice’s SpecialService Award for her distinguished service to the Court of Justice as alegal educator, and the 2008 Citizen-Lawyer Award from the FayetteCounty Bar Association. Most recently, she was one of six professorsrecognized for outstanding teaching and honored with the 2009 UK AlumniAssociation Great Teacher Award. Nominations are made by students forthis award, the oldest continuous award to recognize teaching at UK.

Greg Coulson began with the Department of Public Advocacy as anattorney in the Owensboro office. He is currently with the Cynthiana TrialOffice.

Justice Bill Cunningham was elected to the Supreme Court of Kentucky inNovember 2006 to serve the 1st Supreme Court District. Before becominga member of the state's highest court, Justice Cunningham served as acircuit court judge for 15 years. He was elected to the Circuit Court Benchin November 1991 to serve the 56th Judicial Circuit, which consists ofCaldwell, Livingston, Lyon and Trigg counties. He was re-elected in 1999and served as circuit judge until January 2007. Justice Cunningham servedthe court system in several capacities before entering his judicial career.He was the Eddyville City Attorney from 1974 to 1991 and the PublicDefender for the Kentucky State Penitentiary from 1974 to 1976. Heserved as Commonwealth's Attorney for the 56th Judicial District from1976 to 1988. During his tenure in that position, he was voted the

Outstanding Commonwealth Attorney of Kentucky by his peers. JusticeCunningham also served as a hearing officer for the Kentucky Board ofClaims from 1981 to 1985 and as a trial commissioner for Lyon CountyDistrict Court from 1989 to 1992. Justice Cunningham earned hisbachelor's degree from Murray State University in 1962 and his juris doctorin 1969 from the University Of Kentucky College Of Law. He is a veteranof the U.S. Army, having served in Vietnam, Korea and Germany.

Rebecca Ballard DiLoreto is the Litigation Director for the Children’s LawCenter. Rebecca served with the Department of Public Advocacy from thesummer of 1984 until June 2008. During her first year of practice, Rebeccarepresented a thirteen year old girl charged with murder of the localprovider of non-licensed, distilled liquors in Estill County, Kentucky. Duringher second year as a trial lawyer in Richmond, Kentucky, the KentuckyJuvenile Code was enacted and Rebecca was assigned the task ofdeveloping materials to educate DPA lawyers on the new Code. Sheauthored the first Juvenile Law Manual for DPA in 1993. Rebecca’s careerincluded appellate, trial and post-conviction work. She was the first staffattorney for the newly opened Richmond Public Defender Office, the firsthalf-time DPA Recruiter, first juvenile trial attorney for the newly openedFranklin County Public Defender Office, first manager of the Juvenile PostDisposition Branch, first Post Trial Division Director, and first supervisor ofthe Lexington Public Defender’s Office. She has represented young peoplein juvenile, family and circuit courts across the Commonwealth. Pastpresident of KACDL, Rebecca is currently co-chair of the Central KentuckyCouncil for Peace and Justice, serves on the boards of Partners for Youth,and the Catholic Diocese of Lexington’s Diocesan Review Board for theProtection of Children and Young People. Rebecca has served for the pastseven years as chairperson of the KBA Committee for Children’s Rights,Child Protection and Domestic Violence. She and her husband Don, sharedomestic tranquility with occasional visits from their two sons and adaughter and Rebecca is busily feeding chipmunks and rabbits from herspring to summer garden while doing Tai Chi, Yoga and Chi Kung so thatshe can get out of bed in the morning. Rebecca’s most notableaccomplishment in life to date is that she has been a runner for over 41years.

Eric Y. Drogin J.D., Ph.D., ABPP is a Fellow of the American Academy ofForensic Psychology, a Diplomate and former President of the AmericanBoard of Forensic Psychology, and a Diplomate of the American Board ofProfessional Psychology. He currently holds faculty appointments with theHarvard Medical School (in the Program in Psychiatry and the Law) andthe Harvard Longwood Psychiatry Residency Training Program (as a courseinstructor and supervisor), and lectures regularly for the PrifysgolAberystwyth (formerly “University of Wales”) as an Honorary Professor ofPsychology and also as an Honorary Professor of Law. Additional positionshave included Chair of the American Psychological Association’sCommittee on Professional Practice and Standards, Chair of the APA’sCommittee on Legal Issues, and President of the New HampshirePsychological Association. Dr. Drogin is a Fellow of the American BarFoundation. His current American Bar Association roles include Chair ofthe Behavioral and Neuroscience Law Committee and Member of the ABAAdvisory Panel. Additional ABA positions have included Chair of the Sectionof Science & Technology Law, Chair of the Committee on the Rights &Responsibilities of Scientists, and Commissioner of the Commission onMental and Physical Disability Law. Dr. Drogin teaches on the adjunctfaculty of the University of New Hampshire School of Law and as anInstructor in the Harvard Law School Trial Advocacy Workshop. Havingserved as the Editor in Chief of the Journal of Psychiatry and Law andcurrently serving as the Co-Editor in Chief of Psychological Injury and Law,Dr. Drogin has authored or co-authored over 200 legal and scientificpublications to date, including the books Criminal Law Handbook onPsychiatric and Psychological Evidence and Testimony (2000), Civil LawHandbook on Psychiatric and Psychological Evidence and Testimony (2001),Mental Disability Law, Evidence, and Testimony (2007), Science for Lawyers(2008), Evaluation for Guardianship (2010), and Handbook of Forensic

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Assessment (2011). He has lectured extensively throughout North Americaand in Europe, Asia, and Australia on such topics as forensic assessment,ethics, and professional development. Dr. Drogin’s multidisciplinarypractice encompasses mental health law, expert witness testimony, andtrial consultation.

Patricia L. Echsner is currently a Division Chief in the Adult Trial Divisionat the Louisville Metro Public Defender's Office. Prior to that, she spentseven years as a Deputy Chief in the Juvenile Trial Division. She began hercareer at the office in May 1991 as a law clerk after earning a BA from theUniversity of Kentucky in 1985 and her JD from the Louis D. Brandeis Schoolof Law in 1992. She was selected to attend the National Criminal DefenseCollege in Macon, Georgia in 1995. She is an experienced trial attorney inthe district and circuit courts, representing both juveniles and adults. InJuly 1998 she represented a juvenile client facing the death penalty whowas acquitted of murder and robbery first degree. In February 2001 sherepresented an adult client facing the death penalty for two intentionalmurders who received a penalty of life without the possibility of parolefor twenty-five years. In June 2002 Ms. Echsner received the Departmentof Public Advocacy's In re: Gault Award "for specially advancing the qualityof representation of juveniles in Kentucky." She is a former member of theLouis D. Brandeis American Inn of Court and a former member of theJefferson County Juvenile Delinquency Prevention Council.

Glenda Edwards received her B.A. from Campbellsville University and herJ.D. from the University of Louisville. She began her career with DPA as astaff attorney with the trial branch in the Columbia Field Office in 1999.She has served as Directing Attorney for the Columbia Office since 2003,became the Central Regional Manager for the Trial Division in 2010, andbecame the Trial Division Director in 2012.

Angela Elleman is a Staff Attorney assigned to the Capital Trial Division ofthe Louisville Metro Public Defender’s office. Ms. Elleman has spent herentire career defending those charged or convicted of capital crimes. Priorto her 2012 return to her hometown of Louisville, she was an AssistantFederal Defender in the Capital Habeas Unit of the Philadelphia FederalPublic Defender’s office representing death row inmates on Philadelphia,Delaware and Federal Death Rows. She started her career in indigentcapital defense at the Georgia Resource Center in Atlanta. Ms. Ellemanwas a 2000 graduate of Emory University’s Law and Religion program.Upon graduation she was a recipient of an Equal Justice Works Fellowship(then, NAPIL) aimed at enforcing Georgia’s prohibition against executingmentally retarded offenders prior to the United States Supreme Courtruling in Atkins v. Virginia.

M. Chris Fabricant is the Joseph Flom Special Counsel, Director of Strate-gic Ligation. He leads the Strategic Litigation Unit, whose attorneys usethe courts strategically to address the leading causes of wrongful convic-tion, including eyewitness misidentification and the misapplication offorensic sciences. Before joining the Innocence Project, he was a clinicallaw professor and the director of the Criminal Justice Clinic at the PaceUniversity School of Law. Mr. Fabricant has over a decade of criminaldefense experience at the state and federal, trial and appellate levels withThe Bronx Defenders and Appellate Advocates. He began his career as apro se law clerk in the Southern District of New York, where he focusedon prisoners’ rights and post-conviction litigation. Mr. Fabricant receivedhis J.D. with honors and a Corpus Juris Secundum distinction in criminallaw from The George Washington University in 1997.

Melanie Foote Hollingsworth received her B.A. from the University ofCalifornia, San Diego and her J.D. from Brooklyn Law School. She beganher career with DPA as a staff attorney in the Post-Conviction Branch, in2007. She began working for the Kentucky Innocence Project in 2009 andfocused on DNA-based claims of innocence. Since 2010, she has been withthe Elizabethtown Trial Office.

Bob Friedman was born at George Washington University Hospital a longtime ago, and grew up across the Potomac River in Annandale, Virginia.He graduated from Annandale High School, where all the teams werecalled the Atoms. (It was the cold war era. But they’re still the Atoms, 41years after Bob graduated.) Of course, Bob was a nerd, so his teams werethe math team, the debate team and the model U.N. He went to collegeand grad school at the University of Virginia, got a Ph.D. in philosophy, andwas an academic for a number of years, publishing articles on Aristotle’sphilosophy of biology—a rare and obscure interest. He opted for a mid-lifecareer change, and started practicing law at the age of 40. After four yearsas a plaintiff’s attorney, Bob became a public defender in Lexington, andhas been one since 1998. While much of his practice consists of felonycases, he has a special interest in representing clients with mental illnesses,intellectual disabilities and traumatic brain injuries. As a result, he practicesinvoluntary commitment and forced medication cases at Eastern StateHospital, and serves as a liaison to the local NAMI chapter. He also enjoysassisting other attorneys with competency and criminal responsibilityissues. Bob is married to Vondah Vanderhorst, a SIS assessor with theHuman Development Institute, and has a 29-year-old stepdaughter. He ishard of hearing, and serves as Vice Chair of the Advisory Committee onthe Need for Services for Individuals who are Deaf or Hard of Hearing. Heis a former masters division powerlifter (and record-holder) andpowerlifting coach. He is also a hard-core home cook and food writer.

Ashley Graham graduated from Emory University School of Law in May2010. Upon graduation, she worked at Maloy Jenkins Parker, a privatelaw firm in Atlanta, Georgia specializing in white collar and internationalcriminal litigation. In August 2011, Ashley began a fellowship with thePublic Defender Corps and started her public defender career with theKentucky Department of Public Advocacy. She works in the CovingtonOffice and represents adults and juveniles with felony and misdemeanorcases in Kenton County, Kentucky.

Bruce Hackett graduated from the University of Louisville and the BrandeisSchool of Law at the University of Louisville. After two years as a staffattorney with the Government Law Center at the Brandeis School of Law,he joined the Louisville-Jefferson County Public Defender as an appellateattorney. In 1982, he accepted a commission in the Judge AdvocateGeneral Corps of the United States Navy, where he initially served for threeyears as a defense attorney and four years as a prosecutor. Concurrently,he served as a Special Assistant United States Attorney for the District ofMaryland. After seven years of active duty naval service, he returned tothe Louisville Public Defender Office in 1989, where he held the positionof Deputy Appellate Defender before assuming his current assignment asChief Appellate Defender. He has served as counsel in death penalty casesat trial, on appeal, in post-conviction, in collateral civil litigation and infederal habeas corpus proceedings. He has taught criminal procedure asan adjunct instructor at the Brandeis School of Law.

Jason Apollo Hart is a staff attorney with DPA Appeals. He was a trialattorney with DPA for three and a half years and has been in the Appellatedivision for over a year.

Amy Hannah is currently a Division Chief in the Adult Trial Division. Shehas been with the Louisville Metro Public Defender's Office since June2004. She graduated from American University in Washington, DC in 1996with a Bachelor of Arts degree in Political Science. While at AU, she spenta semester living and studying in Merida, Venezuela. Ms. Hannahgraduated from the University of St. Thomas School of Law in 2004. Whileat UST, Ms. Hannah worked in the Immigration Clinic representing clientsseeking asylum. Ms. Hannah also worked as a law clerk at the HennepinCounty Public Defender's Office where she worked on both juvenile andadult cases. Ms. Hannah was a Summer Intern in the Alexandria, VirginiaPublic Defender's Office. Ms. Hannah's experience with the LouisvilleMetro Public Defender's Office includes representing adult clients in bothdistrict and circuit court. Prior to becoming a Division Chief, Ms. Hannah

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was in the Capital Trial Division where she successfully represented clientsfacing the death penalty. In 2009, Ms. Hannah was awarded the ClarenceDarrow Prodigy Award from the Kentucky Association of Criminal DefenseLawyers. She is also the recipient of two Walker Awards for excellence inadvocacy that resulted in jury trial acquittals for clients charged with felonyoffenses.

Mark Heyerly is the Project Specialist for Kentucky Pretrial Services, wherehis work includes data analysis, grant writing and research in evidence-based practices. He graduated from EKU’s College of Justice and Safety in1995, and has previously worked as a juvenile probation officer inIndianapolis, an ABC Police Officer is southeastern Indiana, and a ProgramManager for the Indiana Criminal Justice Institute; his nonlinear careerpath also included stints with the IRS Collections Division and as anExecutive Recruiter specializing in lateral-hire, corporate attorney search.He joined Kentucky Pretrial Services and the Administrative Office of theCourts in 2007 as a Pretrial Officer serving statewide. When he isn’t gluedin front of an Excel spreadsheet, he enjoys reading, training for halfmarathons, and officiating high school basketball. He resides in Russell,KY (Greenup Co.) with his wife and teenage son.

Yvette Hourigan was born in Louisville, Kentucky and is the Director of theKentucky Lawyer Assistance Program. She is a graduate of Murray StateUniversity and the University of Kentucky College of Law. Upongraduation, she was a law clerk for the Honorable Chief Justice JosephLambert in the Kentucky Supreme Court. She began her legal career inLexington, Kentucky, where she practiced primarily in automobile productliability defense. In 1998, she opened the Law Office of Yvette Hourigan,also in Lexington. Her practice was focused primarily on plaintiff’s personalinjury work, including nursing home negligence, automobile wrecks, familylaw and other civil litigation. As the Director of the Kentucky LawyerAssistance Program, her duties include providing intervention services;creating peer support networks for lawyers with addiction issues; locatingand implementing short and long-term treatment for recovery from alltypes of substances, and mental health disorders; and providing long-termafter-care accountability. Her professional duties include assisting lawstudents who have alcohol or drug-related histories to meet thequalifications and requirements of the Character and Fitness Committeeof the Office of Bar Admissions. She assists practicing attorneys and judgesin resolving disciplinary and ethical issues with the Office of Bar Counselwhich are related to impairment, including mental health issues, substanceabuse and addiction.

Ray Ibarra has been a staff attorney with the Covington Trial Office since2011. He is an Equal Justice Works Public Defender Corps Fellow with anassigned specialty of pretrial release litigation. Graduating fromGeorgetown Law in Washington, DC at the height of the recession in 2009,Ray has worked previously at public defender offices in San Diego, LosAngeles, Santa Barbara County, California, and Montgomery County,Maryland.

Lori James-Townes is the Chief of Social Work Services for the MarylandOffice of Public Defenders; where she supervises, oversees, and plans allof social work services. In addition she supervises the social workers, andthe intern program throughout the state of Maryland. The social workersand interns provide litigation support and forensic services to everydivision throughout the agency, including, Appellate, Juvenile, CINA, andthe Mental Health Departments. She is the current Chair of NationalAlliance of Sentencing Advocates and Mitigation Specialist (NASAMS),Executive Committee. Lori’s commitment to the criminal justice field isevident by the passion she displays while serving clients, providing train-ing, and advocating for equal access to justice through effective sentenc-ing, policy, and program development. Lori is also a past member of theNLADA’s Board of Directors. Where she served on the Defender andClient Policy Groups, and as Chair of NLADA’S Annual Conference, and asVice-Chair of the Personnel Committee. She has achieved a wide variety

of skills throughout her career. However, her experiences have beenframed by the values and experiences gained when working in the com-munity and serving the prison population. Growing up as a young child inEast Baltimore she was exposed to the socio-economic and justice issuesaffecting me her own childhood neighborhood. As a private mitigationexpert she provides forensic services, expert testimony, consultation, andclinical trainings. Her career in the criminal justice field has been exten-sive. I have worked as an expert on cases in both the state and federaljurisdictions. In 2012 she was honored by Morgan State University whenshe received The Presidential Award in recognition of her outstandingachievements and accomplishments. In 2005, she was honored as one ofNLADA’s National Gideon’s Heroes. In 2007, she was given the MitigationLife Time Achievement Award by NLADA. In 2002, the Alumni Associationof University of MD School of Social Work named me Alumni of theDecade (90’s).

Shannon Jones was appointed to the Kentucky Parole Board on July 1.2010, and is currently serving as Acting Chairperson for the Board. Shewas recently appointed to serve as the Southern Regional Vice Presidentfor Association of Paroling Authorities International. Ms. Jones is activein many initiatives and organizations in Kentucky including the Governor’sReentry Task Force, Kentucky Council on Crime and Delinquency, KentuckyVictims Advocate Association, Parole Revocation Committee, as well asassisting with the accreditation process for the Parole Board. She is aresident of Lexington, Kentucky and a graduate of Eastern KentuckyUniversity with a degree in Psychology. Ms. Jones has served as aChild/Adult Protection Investigative Supervisor as well as a Rapid ResponseInvestigator for the Commonwealth of Kentucky. She has also served onmultidisciplinary task force teams in Southeastern and Central Kentucky.Ms. Jones has conducted joint investigations with the Lexington PoliceDepartment and Kentucky State Police. She has acted as a liaison andprovided training regarding child abuse/fatality investigations for KentuckyCoroners, Commonwealth Attorneys, Judges, University of KentuckyHospital Child Abuse Task Force Team and other agencies.

Andrea M. Kendall is a Staff Attorney with DPA's Boone County TrialOffice. Andrea graduated from Georgetown University Law Center in2009 and has worked as a public defender in Montgomery County, Mary-land and Santa Barbara County, California. Andrea joined DPA in 2011 asa Public Defender Corps Fellow specializing in Forensics.

Dan Kesselbrenner is the Executive Director of the National ImmigrationProject of the National Lawyers Guild and the co-author of ImmigrationLaw and Crimes. Since 2011, he has worked with DPA on implementingthe Supreme Court’s decision in Padilla v. Kentucky.

Cicely Jaracz Lambert is an Assistant Appellate Defender with the Officeof the Louisville Metro Public Defender. Previous work experience includesthe Kentucky Administrative Office of the Courts (Director and GeneralCounsel); Kentucky Court of Appeals (Staff Attorney); Kentucky AttorneyGeneral (Assistant Attorney General, Criminal Appeals); and privatepractice (Lambert and Lambert).

Jay Lambert is a 1983 graduate of the University of Kentucky School ofLaw. He came to work for the Office of the Louisville-Jefferson CountyPublic Defender upon graduation and worked in the Adult Trial and MajorLitigation Divisions until 1993, when he left to establish his own firmconcentrating in the areas of criminal law and civil rights litigation. Mr.Lambert returned to the Office of the Louisville-Jefferson County PublicDefender in 2000 as an Adult Trial Division Chief. From 2003 until 2013 hewas the Capital Trial Division Chief. In January, 2013 he was named Directorof Training and Performance Evaluation. During his years of practice, Mr.Lambert has tried more than ninety Circuit Court jury trials. He is admittedto practice in Kentucky state courts, the United States District Court forthe Eastern and Western Districts of Kentucky and the Sixth Circuit. He hasserved as an instructor in criminal procedure at the Louis D. BrandeisSchool of Law at the University of Louisville and has taught various criminal

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law topics and trial techniques at numerous seminars and workshopsthroughout Kentucky for the Department of Public Advocacy, the LouisvilleBar Association, the Kentucky Association of Criminal Defense Lawyersand the American Trial Lawyers Association. Mr. Lambert was the recipientof the 2005 Gideon Award presented by the Department of PublicAdvocacy, and also received the 2009 Frank E. Haddad, Jr. Award from theKentucky Association of Criminal Defense Lawyers.

John Gerhart Landon graduated from Lafayette College in Easton PA andattended the University of Kentucky Law School. John has worked as atrial attorney with the Lexington Office and as an appellate attorney.

Michael C. Lemke is the Chief of the Capital Trial Division of the Louisville-Jefferson County Public Defender’s office. He is a 1982 graduate of theUniversity of Louisville Brandeis School of law and is admitted to practicein Kentucky, federal courts for the Western District of Kentucky and theSixth Circuit Court of Appeals. After a position as law clerk to KentuckySupreme Court Justice Marvin Sternberg, Mr. Lemke came to the PublicDefender’s Office in 1983. During a six-year period, he handled appeals,misdemeanor and felony trials, civil commitment defense, and severalcapital cases. Mr. Lemke attended the National Criminal Defense Collegein Macon, Georgia in 1985 and the Clarence Darrow Death Penalty DefenseCollege in Ann Arbor, Michigan in 2008. From 1989 until 2004, he was inthe private practice of law that included securities fraud litigation, criminaltrial work, criminal appeals, and various other matters. In 2004, hereturned to the Louisville Metro Public Defender’s Office to take a positionin the Capital Trial Division. He has been on the faculty or served as mentorfor Department of Public Advocacy training programs for several years.Mr. Lemke has been recognized numerous times for the successful defenseof felony cases at trial, as well for the successful representation ofdefendants in capital trials. Additionally, in 2009, Mr. Lemke received theFurman Award from the Kentucky Department of Public Advocacy for“courageous representation of capital clients”. He was named DeputyChief of the Capital Trial Division that same year, and Chief of the CapitalTrial Division in 2012.

Ernie Lewis grew up in Missouri, the son of a Baptist minister and a schoolteacher. He has a son, Ben, who is a public defender with the CharlestonPublic Defender's Office in Charleston, South Carolina. He also has adaughter, Rachel, who recently graduated from Washington University inSt. Louis, a step-son who is an aspiring actor and a step-daughter who livesin Austin, Texas. He lives in Frankfort, Kentucky, with his wife MargaretTownsley who is the International Marketing Director with the EnterpriseDivision of Kentucky Educational Television. Ernie received hisundergraduate degree from Baylor University in 1969, a Masters of Divinityfrom Vanderbilt University in 1973, and a Juris Doctoris (J.D.) fromWashington University in 1977. He was a VISTA Volunteer in Minnesota.He was with the Department of Public Advocacy from 1976 until 2008 inseveral different capacities, including appellate lawyer, local assistancebranch manager, directing attorney of the Richmond Trial Office, andRegional Manager for the Central Kentucky Region. He was appointedKentucky Public Advocate in 1996, overseeing the statewide publicdefender system, and served in that capacity until 2008 when he retiredfrom state government. Since 1985, he has been on the faculty of theNational College of Criminal Defense located at Mercer Law School inMacon, Georgia. He has been on the faculty of the National DefenderLeadership Institute as well as the NLADA’s Nuts and Bolts of DefenderLeadership. He served for two years as Chair of the American Council ofChief Defenders from 2006-2007. He has worked on indigent defenseissues with various groups in Georgia, North Carolina, Minnesota, Texas,Ohio, Indiana, and Louisiana. In 2000, he was named Outstanding Lawyerby the Kentucky Bar Association. In 2007, he was given the Champion ofIndigent Defense Award by the National Association of Criminal DefenseLawyers. In 2008, he was given the Chief Justice’s Special Service Award.He received the Department of Public Advocacy’s Professionalism andExcellence Award in 2003 and the Nelson Mandela Award in 2009. He is

now active in teaching public defenders, consulting, representing anoccasional client, and advocating for the Kentucky Association of CriminalDefense Lawyers before the Kentucky General Assembly.

Shanin Lodhi, M.S., is the principal consultant of Odeix Forensic Consulting.Specializing in forensic serology, DNA, bloodstain pattern, generalcriminalists and crime scene evidence collection, she provides training andcase consultation for local law enforcement agencies, attorneys,universities and laboratory personnel. Shanin has an extensive backgroundin the field of forensic biology, previously working as a forensic scientistspecialist for the Kentucky State Police Central Forensic Laboratory andwith Applied Biosystems.

Roger Madore joined the Thomson Reuters Client Education TEAM in Aprilof 2010. As a subject matter expert in CLEAR, he continues to providehistorical and up-to-date information so that end-users are able to useCLEAR to its fullest potential. As the Client Education team member atThomson Reuters, he focuses on the instruction of Federal, State and Localinvestigative agencies; specializing in fraud, identity theft and peoplelocate cases. Prior to coming on with Thomson Reuters, as a SeniorConsultant with Client Education, he worked as the KnowledgeManagement and Training Manager working with the Air ReservePersonnel Center (ARPC) in Denver, Colorado. Not only was he an end-userof CLEAR at ARPC he was also assigned as the CLEAR Administrator. Whileassigned to ARPC he was not only responsible for the education andtraining of over 150 on-site personnel but also served on the CADREbriefing team which aided remote and retired personnel as well. Rogerhas worked in the training arena for multiple years but has served in thecapacity of a “full-time” trainer for the last seven years. His diversebackground includes working as a crime & fraud analyst with various Local,State and Federal Government agencies (US Federal Attorney’s office, DEA,Florida Department of Law Enforcement, Jacksonville Sherriff’s office, andmultiple local Law Enforcements agencies throughout the state of Florida).This broad range of experiences has given him the ability to adapt andcater to various customers’ training needs. Roger has also served in theUnited States Air Force for over 20+ years. He started his military careeras an active duty Security Policeman back in 1985. After leaving a four yeartour on active duty he joined the Florida Air National Guard. While servingin the Air National Guard he eventually cross-trained into other careerfields (Security Police – 16yrs, Education and Training Manager – 4yrs,Human Resources Personnel – 3yrs). Roger holds a bachelor’s degree inWorkforce Education, Training and Development from Southern IllinoisUniversity @ Carbondale along with three separate A.S. degrees (CriminalJustice, Education and Human Resources). The combination of his workexperiences along with his people skills provide Roger with the perfectplatform to do what he loves best and that is working with and educatingpeople.

Euva D. May is a 1998 graduate of the Brandeis School of Law at theUniversity of Louisville. Euva began her career with the Department ofPublic Advocacy in 2000. She worked 8 years in the Appeals Branch. From2009 to 2012, Euva worked as a central staff attorney for KentuckySupreme Court. In May 2012, Euva returned to work for the Departmentin the LaGrange Post-Conviction Office where her caseload includes capitaland non-capital cases.

Glenn McClister is a Staff Attorney with DPA’s Education and StrategicPlanning Branch. Glenn received his J.D. from the University of Kentuckyin 1997, and for nine years worked as an Assistant Public Advocate inSomerset, Kentucky, handling over 400 cases per year. Prior to becomingan attorney, Glenn was a state champion in speech during high school andcompeted during college as well. After completing the requirements foran M.A. in philosophy, including teaching for six years, he then spent twoyears as a professional actor, getting the chance to play the lead in "TwoGentlemen of Verona" on the stage of the Globe Theater in London, duringa summer program there. After having secured a talent agent on 88th

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street in New York and spending a great deal of time unemployed, Glennjoined the 101st Airborne Division when Desert Storm began and servedfor two-and-a-half years as an infantryman. After digging ditches in aKentucky state park for a year, Glenn went to law school where he directeda production of “Gone with the Wind” starring the law school faculty andstudents during his third year, and won the College of Law Faculty Cup atgraduation. Since joining the education branch, Glenn has designed andrevised the new attorney training portion of the Kentucky Public DefenderCollege, published three editions of the DPA Trial Law Notebook,contributed numerous studies of criminal justice issues to the PublicAdvocate, and designed the investigator training portion of Faubush.Glenn has also trained public defenders in Georgia, Pennsylvania, andMissouri.

Stephanie McKeehan is originally from Louisville, Kentucky. She graduatedfrom the University of Cincinnati School of Law in 2000. She began workingwith the Department in the London office in 2003, left in 2005 and workedin the private sector for several years, and returned to the Department in2010. She covers court primarily in Knox County, and has had extensiveexperience working with incompetent and mentally ill clients. As a result,she has also worked extensively with Dr. Drogin.

Charlotte McPherson is Manager of Kentucky Pretrial Services with theAdministrative Office of the Courts. She has worked for Pretrial Servicesfor 31 years beginning as a part-time Pretrial Officer in Monroe andCumberland Counties. Charlotte was promoted into Pretrial’s supervisoryteam in 2004 where she held the positions of Statewide Supervisor andOperations Supervisor until she accepted her current position as Managerin 2008. Charlotte holds Bachelors of Arts degrees in both Sociology andJournalism from Western Kentucky University where she served as chiefreporter for the Talisman and was a member of Sigma Delta Chi, theSociety of Professional Journalists. She is also a member of NationalAssociation of Pretrial Services Agencies (NAPSA) and is currently servingher third term as the Central Region Director, representing 18 states, onNAPSA’s Board of Directors.

Nathan Miller is a 2002 graduate of the University of Louisville School ofLaw and completed undergraduate studies at Georgetown College, wherehe earned a B.S. in biology and chemistry. He started his career as a staffattorney with the Transportation Cabinet before moving to Washington,D.C. to work on drug policy reform. During his three years on Capitol Hill,he was a registered lobbyist in four states and helped craft legislation inas many as twenty-five. He then returned to Kentucky to practice criminaldefense and currently works at DPA’s Morehead office. He is a memberof the Kentucky Association of Criminal Defense Lawyers and the NationalAssociation of Criminal Defense Lawyers, where he has served byappointment since 2009 on their State Legislative Affairs Committee.

Edward C. Monahan began as a public defender in 1976. He was appointedKentucky Public Advocate by the Governor September 1, 2008 to a fouryear term and reappointed to a second four year term September 2012.He led the development of the nationally recognized legal educationprogram. Ed is a charter board member of the Kentucky Association ofCriminal Defense Lawyers and is past president of KACDL, past chair of theKentucky Bar Association’s criminal law section, was a member of the KBAEthics Committee (2000-2007; 2008-2011). He is past chair of the AmericanCouncil of Chief Defenders, chief defenders from across the nationdedicated to securing a fair justice system and ensuring high quality legalrepresentation for poor people who face loss of life, freedom or family.He was co-counsel in Gall v. Parker, 231 F.3d 265 (6th Cir. 2000) andKordenbrock v. Scroggy, 919 F.2d 1091 (6th Cir. 1990) (en banc) bothgranting federal habeas relief to clients sentenced to death. Monahan wascounsel in Binion v. Commonwealth, 891 S.W.2d 383 (Ky. 1995) where theKentucky Supreme Court recognized the need for defense experts.

J. David Niehaus received his J.D. from the University of Louisville in 1978.After practicing tort defense and insurance law with Raine, Raine and

Highfield, he joined the Louisville Metro Public Defender as DeputyAppellate Defender in 1983. He has handled appeals, habeas actions, andwrits at all levels in Kentucky and federal courts. He argued Batson v.Kentucky before the United States Supreme Court. Currently heconcentrates on state constitutional issues.

Damon Preston is the Deputy Public Advocate for DPA. After graduatingfrom Transylvania University and Harvard Law School, Damon began hislegal career in the Criminal Appeals Bureau of the Legal Aid Society in NewYork City. He returned to Kentucky in 1997 and has been with DPA eversince. First a staff attorney in the Richmond trial office, Damon led thePaducah and then Cynthiana offices as Directing Attorney. Starting in2004, he managed DPA’s Appeals Branch before joining DPA’s LeadershipTeam as Trial Division Director in 2007. Early in 2011, he was appointedDeputy. In addition to work through DPA, Damon serves on the board ofthe Kentucky Association of Criminal Defense Lawyers and is the currentchair of the Criminal Law Section of the Kentucky Bar Association. In sparetime, he coaches his daughters Abbie and Marissa in softball with his wifeAmy

Gina M. Pruski is Director of Training and Development for the WisconsinState Public Defender’s Office (SPD). She was appointed Training Directorin 2004. Gina has been with the SPD since 1992, starting her legal careeras a staff attorney in the SPD’s Fond du Lac Trial Office and then laterbecoming the agency’s Deputy Legal Counsel where she performed thelegislative liaison duties on behalf of the agency. The WI SPD’s Office ofTraining and Development’s (OTD) takes a creative, collaborative andcost-effective approach to training. Two innovative programs created byGina and her training team include the People in Crisis Program and theRespectful Workplace Program. The People in Crisis Program is a simula-tion exercise designed to help participants better understand what itmight feel like to live as a low-income family trying to meet basic needs.The Respectful Workplace Program uses scenarios to engage participantsin a discussion about respect, fairness and appreciation in a culturallydiverse workplace. In 2007, the SPD received a Program AchievementAward from the State Council on Affirmative Action (SCAA) for the Peoplein Crisis Program. In 2008, the SCAA honored the agency once again witha Diversity Award for the Respectful Workplace Program. Collaborativetraining projects under Gina’s leadership include joint programs withprosecutors in the areas of negotiation (where prosecutors play the roleof public defenders and public defenders play the role of prosecutors),direct and cross-examination skills and new legislation. Not only do thesejoint training programs conserve limited resources, they help prosecutorsand public defenders gain a better understanding and appreciation ofeach other’s work. Gina and her team have implemented a number ofcost-efficiencies in the OTD since 2004, saving the agency a significantamount of money over the years. Measures include converting the agen-cy’s legal publication The Wisconsin Defender from paper to electronic,developing a system to promote agency training programs through email,Facebook, Twitter and other social media and providing training materialsin digital format instead of on paper. Most recently, the OTD has built asystem enabling the agency to provide continuing legal education (CLE)on-demand, saving time and money not only for the agency but forprivate attorneys who participate in SPD CLE training. Gina received herundergraduate degree from the University of Wisconsin-Madison in 1989and her law degree from the University of Wisconsin Law School in 1992.She is also a 2000 graduate of Duke University's Strategic Leadership forState Executives Program. Gina is co-author of the W�� J��L�� H�� (1��, 2ⁿ� and 3�� editions) published by the State Bar ofWisconsin. She is a faculty member of the University of Wisconsin LawSchool’s Lawyering Skills Course and regularly volunteers as a judge forthe Evan A. Evans Constitutional Law Moot Court Competition. She hasserved on various committees, including the Child Welfare ExecutiveSteering Committee and the Children in Need Task Force. She was a statereviewer for the Federal Child and Family Services Review in August 2003.She is a currently a member of the Wisconsin State Training Council and

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served as Vice-Chair in 2009 and as Chair in 2010. Gina is a 2011 recipientof the Women in the Law honor bestowed by the Wisconsin Law Journal.

Angela Rea is currently a Division Chief in the Adult Trial Division. She hasbeen an attorney with the Louisville Metro Public Defender’s Office sinceApril of 2003. Prior to that, in 1997, she graduated from Indiana Universitywith Bachelors of Arts degrees in English and French. During her time atIU, she spent a year living and studying in Strasbourg, France. She wenton to receive her law degree from Cornell Law School in 2002. While atCornell, she worked with the school’s Legal Information Institute. She alsospent four months living and working for the United Nations Drug ControlProgram in Bridgetown, Barbados. During her tenure at the LouisvilleMetro Public Defender’s Office, she has practiced in the Adult and CapitalTrial Divisions and in the Appellate Division. In 2005, she was selected toattend the National Criminal Defense College in Macon Georgia. Morerecently, in 2007, she took part in a Spanish language study program withother attorneys and with judges that ended with an immersion stay inMorelia, Mexico to practice language skills and undertake a comparativestudy of the justice systems of Mexico and the United States. After toursin the Capital Trial and Appellate Divisions of the office, she returned tothe Adult Trial Division in the fall of 2008, first as a Deputy Division Chief,and then, beginning in July 2010, as one of the Division Chiefs in the AdultTrial Division. Angela has won five Walker Awards for excellent advocacyin felony jury trials that resulted in verdicts of acquittal. Her work has alsoearned her the Clarence Darrow Prodigy Award from the KentuckyAssociation of Criminal Defense Lawyers and designation as one ofLouisville’s Best Lawyers under 40 by Louisville Magazine.

Susan Reale, J.D., was born in Louisville, KY and graduated from DavidsonCollege, in Davidson, N.C., with a B.A. Cum Laude in English. She spent herentire junior year on a Davidson study abroad program in Wuerzburg,Germany, where she lived in an international dorm, was enrolled in theUniversity of Wuerzburg and took all her classes in German. Aftergraduating from college, she spent a year in Hokota, Japan teaching Englishto Japanese junior high school students. After her experiences in Japan,Susan traveled for six months with a friend around the world to such placesas New Zealand, Australia, Bali, and Java in Indonesia, Korea, Thailand,Vietnam, Singapore, Japan, and then to Greece, Italy, Germany, and theU.K., before returning to the States. Susan then immediately enrolled inthe University of Kentucky College of Law, and received her J.D. in 1999.She was recruited by Bass, Berry & Sims in Nashville, where she practicedlaw for two years in the Commercial Litigation section. She joined West,a Thomson Reuters business, as a Government Account Representative inApril 2001, and was promoted in January 2003 to a Government AccountManager. Susan manages and trains the Westlaw government accountsin Tennessee, Kentucky and Southern Ohio.

Peter L. Schuler is a 1972 graduate of Vanderbilt University and a 1975graduate of the Brandeis School of Law at the University of Louisville. Hehas worked at the Louisville Metro Public Defender’s Office since 1976.Since 1982, his practice has been concentrated in the area of juvenile lawand mental health law. In 1983, he became the Chief of his office’s Juvenileand Mental Health Division. He has participated in attorney training forthe Kentucky Bar Association and the Department for Public Advocacy withrespect to juvenile law and mental health issues. He was the 1999recipient of the Department for Public Advocacy’s In Re Gault Award, whichrecognizes excellence in advocacy in the area of juvenile law. In 2005, hereceived the KACDL’s Juvenile Justice Award. He co-authored the chapteron Juvenile Law and Psychiatry in the Handbook of Child and AdolescentPsychiatry (John Wiley, 1998), Paul Adams, M.D., editor. He is an ongoingmember of the taskforce which created the Restorative Justice DiversionProject (RJP Louisville) with respect to juvenile offenders in Louisville. In2010-11 he was an involved member with the workgroup that restructuredthe existing Jefferson District Court. He has served continuously since2003 on the Louisville Metro Criminal Justice Commission DisproportionateMinority Confinement (DMC) Advisory Board. He is also currently serving

and served in the past as a voting member of Citizens for Better Judges.In 2012 he served as a member of Governor Brashear’s Task Force onJuvenile Justice Reform. In 2013 he received the Kentucky Department ofPublic Advocacy’s 2013 Professionalism & Excellence Award.

Karen E. Sheets-Mobley, LCSW LMFT, graduated from Murray StateUniversity with a degree in psychology and sociology, a master's in socialwork from the Kent School of Social work at the University of Louisvilleand then a post graduate degree in Marriage and Family Therapy. She isa licensed clinical social worker and licensed marriage and family therapist.She has worked with children and families who have experienced trauma,individuals and families affected by a disability and is now working at TheInnerView providing EAP and outpatient therapy services.

Leo G. Smith is a trial attorney who serves as Deputy Chief Public Defenderin the Office of the Louisville-Jefferson County Public Defender. A Louisvillenative, he attended St. Xavier High School, graduated from the Universityof Louisville with high honors and a Bachelor of Science degree inCommerce and, thereafter, graduated cum laude from the Louis D.Brandeis School of Law at the University of Louisville, where he served asExecutive Editor of the Law Review. He was also a member of the BrandeisHonor Society and, upon graduation, received the Robert C. JayesMemorial Award. For the past 31 years, he has served as a staff trialattorney and held several leadership positions with the Public Defender'sOffice, including Director of Training and Chief of the Adult Trial Division.He has acted as lead counsel in numerous jury trials, including severaldeath penalty cases. In 2000, he received the Distinguished Alumnus Awardfrom the University of Louisville's Brandeis School of Law. His work wasalso recognized by the Department of Public Advocacy and Kentucky BarAssociation in 1999 with the presentation of its first Professionalism andExcellence Award. He has authored several articles on criminal defensepractice that have been published in The Advocate, the Journal of CriminalJustice Education & Research publication of the Kentucky Department ofPublic Advocacy. Mr. Smith is a former member of the Board of Directorsof the Louisville Bar Foundation. He is the current chair of the CriminalLaw Section of the Kentucky Bar Association, as well as a past chair of theCriminal Law Section of the Louisville Bar Association and a former memberof the LBA Professional Responsibility Committee. Mr. Smith was trialcounsel in the case of Griffith v. Kentucky, 107 S.Ct. 708 (1987), whichdecided the retroactivity question left open in the landmark case of Batsonv. Kentucky. He has received numerous Walker Awards in recognition ofexcellence of advocacy in felony jury trials that resulted in the acquittal ofhis clients.

Amy Robinson Staples is the Post-Conviction Branch Manager. She is agraduate of Georgetown College and the University of Kentucky Collegeof Law. Amy began her career with DPA as a law clerk with the JuvenilePost-Disposition Branch in 1998. Since that time, she has enjoyed stintsas a staff attorney with the JPDB and with the Kentucky Innocence Projectand as supervisor of the Frankfort Post-Conviction unit. She and herhusband Robbie are the very proud parents of a handsome 3 ½ -year-oldson, Briley.

Amy Swann, M.S.S.W, joined Kentucky Youth Advocates (KYA) in January2009. As the KIDS COUNT Coordinator, Amy disseminates the Annie E.Casey Foundation’s national KIDS COUNT publications in Kentucky andoversees all of KYA’s KIDS COUNT work. The Kentucky KIDS COUNT projectcollects, analyzes, and publishes data on over 100 measures of childwell-being at the county- and school district-levels and for the state as awhole; and publishes an annual Data Book and periodic topical briefshighlighting evidence-based research and best practices for improvingchild well-being. As a Senior Policy Analyst, Amy works on various childwelfare and juvenile justice projects within KYA’s advocacy portfolio.Some of Amy’s work to improve juvenile justice has included advocatingfor the removal of the Valid Court Order Exception for status offenders inthe federal Juvenile Justice & Delinquency Prevention Act; membership in

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the 2009 Kentucky Supreme Court’s Civil Rules Initiative Subcommittee ofStatus Offenders; and writing publications on disproportionate minoritycontact throughout Kentucky’s system of juvenile justice, Kentucky’soverreliance on incarceration for status offenders, and the use of theReclaiming Futures model for status offending youth. Before KYA, for fiveyears Amy provided long-term case management services to homelessindividuals and families, and worked part-time at the Kentucky Correc-tional Institution for Women arranging for the re-entry of inmates diag-nosed with a severe and persistent mental illness and providingcontinued case management after release. A native of Louisville, KY, Amyattended Spalding University for her Bachelors of Science in Social Workand the University of Louisville for her Masters of Science in Social Work.

Jerod Mitchell Thomas is from St. Alban’s, West Virginia. He received hisMaster’s of Education degree at the University of Tennessee, and taughtand coached high school athletics in the Tennessee school system. He leftteaching and pursued a career in sales, which included various productsand services, and a position as National Sales Director for an athleticapparel company. In 2009, Jerod made a major career change. After a15-year struggle with drugs and alcohol, Jerod got sober, and began asecond career in substance abuse counseling. He began as a drug andalcohol counselor at WestCare Kentucy in Ashcamp, a non-profit substanceabuse program. He later was moved to Program Director for WestCare, atthe Boyle County Detention Center. Under Jerod's direction andleadership, the Boyle County facility became one of the few licenseddetention facilities in the Commonwealth of Kentucky. He is currentlyserving as the Deputy Administrator for WestCare Foundation.

Krsna Tibbs is a Division Chief in the Adult Trial Division of the LouisvilleMetro Public Defender’s Office. He graduated from the University ofLouisville with a Bachelor’s of Science in Business Management, in 1997.Originally from Atlanta, Georgia, Mr. Tibbs attended the University ofLouisville on a debate scholarship, where he was Co-captain of the debateteam and then Assistant Debate Coach for three years for a nationallyranked debate team. While Mr. Tibbs was Assistant Debate Coach, heobtained a M.B.A. in Business Management in 2001 from the Universityof Louisville, College of Business and Public Administration. He thenattended the Brandeis School of Law at the University of Louisville, wherehe won the 2002 Pirtle-Washer Moot Court Competition, the law school’s“oldest and most prestigious moot court competition.” Upon hisgraduation from the Brandeis School of Law in 2003, Mr. Tibbs accepteda position as a staff attorney in the Adult Trial Division of the LouisvilleMetro Public Defender’s Office, successfully defending clients chargedwith major felonies. Mr. Tibbs has tried over twenty-five cases in theDistrict and Circuit courts. He has received four Walker Awards forexcellence of advocacy in felony jury trials resulting in verdicts of completeacquittal. In October of 2008, Mr. Tibbs was promoted to Deputy Chief ofthe Adult Trial Division and in July 2010 was appointed as one of its DivisionChiefs. He was selected to attend and graduated from the NationalCriminal Defense College Trial Practice Institute at Mercer University inMacon, GA, in June 2007. He is a member of several civic and professionallegal organizations including the Louisville Bar Association, the LouisvilleBlack Lawyers Association, NAACP, National Association of CriminalDefense Lawyers and Kentucky Association of Criminal Defense Lawyers.He is a former Associate member of the Louis D. Brandeis American Inn ofCourt. In 2008, Mr. Tibbs received the Frank E. Haddad, Jr. Young LawyerAward from the Louisville Bar Association.

Watani S. U. Tyehimba, CPP, CCDI, is a Certified Protection Professional(CPP), and a Board Certified Criminal Defense Investigator (CCDI). He isPresident and CEO of (TSI)Tyehimba Services, Inc., which specializes incriminal defense, mitigation and post-conviction investigations in com-plex high profile capital cases. He is a firearms and self-defense instructorspecializing in issues regarding the use of force, and has qualified andtestified as an expert witness on firearms forensic evidence, and recon-structive aspects of crime scenes, and shooting incidents for the Superior

Courts of Georgia and Mississippi.

Dehlia Umunna is currently the Deputy Director of Harvard Law School’sCriminal Justice Institute (CJI). Ms. Umunna is also a Lecturer on Law anda Clinical Instructor at CJI, where she supervises third year law students intheir representation of adult and juvenile clients in criminal and juvenileproceedings. She provides classroom instruction on lawyering skills andthe application of criminal law, procedure, rules of evidence, motions andtrial practice, and constitutional protections to the development ofdefense strategy. Ms. Umunna also coaches the Harvard Law School (HLS)National Criminal Justice Trial Advocacy team and the HLS Black LawStudent Association trial team, leading both teams to numerous nationaland regional awards. In addition to her work at HLS, Ms. Ummuna alsoserves as a faculty member for Gideon’s Promise (formerly the SouthernPublic Defender's Training Center) and is a frequent presenter at PublicDefender Training Conferences around the country. Prior to joining CJI,Ms Umunna spent seven years at the Public Defender Service for theDistrict of Columbia (PDS) as a trial attorney. At PDS, she was a felony onetrial attorney, representing indigent clients in hundreds of cases thatranged in seriousness from misdemeanor charges of theft, assault, anddrug possession to felony charges of narcotics distribution, firearmspossession, armed robbery, kidnapping, child sexual abuse, rape, andhomicide. Some of Ms. Umunna's cases received nationwide mediaattention. She also served as a presenter in training attorneys under theCriminal Justice Act. From 2002 to 2007, Ms. Umunna was an adjunctprofessor of law and Practitioner in Residence at American University,Washington College of law. She was also a board member of the Districtof Columbia Law Students in Court Clinic and a guest lecturer for severalyears at the George Washington University Law School. Ms. Umunna is amember of the Massachusetts, Maryland, and District of Columbia barassociations. She earned her Bachelor of Arts in Communication fromCalifornia State University, a juris doctor from George WashingtonUniversity Law School, and a Masters in Public Administration from theHarvard Kennedy School of Government. Her article "Rethinking theNeighborhood Watch: How Lessons from Nigerian Villages Can CreativelyEmpower Communities to Assist Low-Income, Single Mothers In America,"was recently published in AM. U. J. GENDER, SOC. POL'Y & L. (Volume 20,Number 4).

Robert Walker, M.S.W., L.C.S.W., is Assistant Professor of BehavioralScience at the University of Kentucky Center on Drug and Alcohol Researchwith conjoint appointments in Social Work and Psychiatry. He receivedhis M.S.W. degree from the University of Kentucky and was the CenterDirector of community mental health center for 20 years. He has over 25years’ experience as a clinician and clinical supervisor and has overseenclinical services for substance abuse and programs for offenders. He hasbeen a co-investigator on partner violence studies in rural and urban areasand has been an evaluator of substance abuse treatment programs in ruraland inner city programs. Mr. Walker was the principal investigator of astate-mandated substance abuse treatment outcome study. He has taughtpsychopathology, social work interventions with family problems, andresearch design and implementation in the graduate program in theCollege of Social Work at the University of Kentucky for 16 years. Hecurrently teaches social welfare policy analysis and theory in the doctoralprogram in the UK College of Social Work. He currently providesconsultation to the Department of Public Advocacy on capital cases. Hehas published over 80 articles and book chapters on substance abuse, braininjury, domestic violence, ethics, and personality disorders.

B. Scott West is currently DPA’s General Counsel; prior to that, Scott wasBluegrass Regional Manager in the Richmond Field Office, DirectingAttorney for Murray Field Office, and a staff attorney in the Hazard FieldOffice. A graduate of the University of Kentucky Law School (1988), andVanderbilt University (1985), Scott practiced for ten years at Texaco Inc.,in Houston, Texas, before joining DPA in 1999. He is married to Beverleyand father to Hannah. They live in Richmond.

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32


Peer Support Network: The affected attorneys may be paired with a recovering lawyer in their area to act as a mentor andassist with their recovery.

Education and Prevention: KYLAP works with law firms, the courts and bar associations to provide training and educationconcerning attorney impairment and recovery. In addition, KYLAP makes regular presentations at Kentucky’s law schoolsregarding impairments and the bar admission process.

Structured Rehabilitation Program: In cases involving attorney discipline or admissions problems, KYLAP will implementa structured rehabilitation program to document a participant’s recovery. If the individual chooses, this documentationmay be taken into consideration by the KBA, the Office of Bar Admissions and/or the Kentucky Supreme Court whendetermining discipline or recommendations for admission or re-admission.

Recovery Group Meetings: KYLAP facilitates open 12-step recovery meetings in Louisville, Lexington and Erlanger eachweek. The meetings are held at 7:30 a.m. on Tuesdays at Lakeside Christian Church, 195 Buttermilk Pike, Erlanger, KY41017; at 7:30 a.m. on Wednesdays at the Alano Club, 370 East Second Street, Lexington, KY 40507, and at 7:30 a.m.on Thursdays at Dish on Market (formerly Delta Bar & Lounge), 434 West Market Street, Louisville, KY 40202. Meetingsare open to all law students, lawyers and Judges who are already involved in or are interested in 12-step recovery.

Students with Bar Application Issues: All applicants seeking admission to the Kentucky Bar are expected to fully discloseany physical or psychological issue that may impair his or her ability to practice law. KYLAP is available to discuss any lawstudent’s or applicant’s situation in a confidential setting prior to submission of the Bar Application. In addition, whenappropriate, KYLAP can implement a structured rehabilitation program for each individual that documents his or herefforts to address the issues in question.

Depression Is:· An Illness: Just like diabetes or high blood pressure. Depression is not a character flaw.

· Common: One out of ten adults experience depression, the rate is higher for legal professionals

· Insidious: People are often unaware that what they are experiencing is depression.

· Ignored: 75 percent of those with depression never seek treatment and suffer needlessly.

· Treatable: More than 80 percent of those seeking help find relief.

ACCORDING TO A JOHNS HOPKINS UNIVERSITY STUDY, ATTORNEYS SUFFER FROM DEPRESSION AT A MUCH HIGHERRATE THAN THE GENERAL POPULATION.

Signs and Symptoms of Depression· Persistent sadness or apathy, crying, anxiety

· Feelings of emptiness, helplessness and hopelessness, worthlessness or guilt

· Loss of interest or pleasure in usual activities

· Trouble concentrating or remembering things

· Marked increase or decrease in sleep and appetite

· Fatigue or loss of energy

· Recurrent thoughts about death or suicide

33


Depression is treatable

· Early treatment can make a positive difference

· A combination fo therapy and medication has been shown to be effective in decreasing depression

· Mindfulness meditation is growing in frequency as an effective measure to treat depression

· Seek confidential help through your doctor, a therapist or the Kentucky Lawyers Assistance Program

Suicide Warning Signs· Verbal threats or comments such as “You’d be better off without me” or “maybe I won’t be around”

· Direct threats to do harm to self such as “I will just kill myself”

· Depression

· Expressions of hopelessness and/or helplessness

· Personality change (withdrawal, aggression, moodiness)

· Giving away life’s possessions, getting one’s life in order

· Lack of interest in the future

· Previous suicide attempts

Suicide Can be PreventedIn the majority of cases, suicide is a tragic result from a common and treatable mental illness and/or

substance abuse disorder

If you are concerned about someone:

· Ask the person if they are thinking about hurting or killing themselves; ask about suicide

· Convince them to seek help, agree to take them to help or call for help

If you are considering hurting yourself or considering suicide

· Tell someone

· Call 911 emergency services

· Go to the nearest hospital emergency room

· Call the National Suicide Crisis Line at 1-800-273-TALK (8255)

· Call KYLAP at (502) 564-3795

Is this you or someone you know?Call KYLAP at (502) 564-3795

Notes

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Kentucky DPA Presents anExclusive Premiere Showing of

Seelbach Ballroom - Monday, June 17 - 7:30 pm follows the personal stories of Travis Williams, Brandy Alexander and June Hardwick, three young

public defenders who are part of a small group of idealistic lawyers in the Deep South challenging the assumptions thatdrive a criminal justice system strained to the breaking point. Backed by mentor Jonathan “Rap” Rapping, a charismaticleader who heads the Southern Public Defender Training Center (now known as Gideon’s Promise) they struggle againstlong hours, low pay and staggering caseloads so common that even the most committed often give up in their first year.Nearly 50 years since the landmark Supreme Court ruling Gideon vs. Wainwright that established the right to counsel, canthese courageous lawyers revolutionize the way America thinks about indigent defense and make “justice for all” a reality?

Evaluations!You can now evaluate all your sessions online. Go to the following and complete theevaluation for each session you attend. It works on your computer, pad, or smartphone.

tinyurl.com/dpa-eval(We still have paper forms available if requested)

Everyone deserves the best defense.

fight for it.

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40th Annual PUBLIC DEFENDER EDUCATION CONFERENCE · 2015-12-03 · 3 40th Annual Public Defender...

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